How to apply for a grant of probate in Western Australia
In Western Australia, a grant of probate is obtained from the Supreme Court of WA through the Probate Office. The executor named in the will files an application supported by the prescribed affidavit, the original will, and the death certificate. The process is governed by the Administration Act 1903 (WA) and the Non-Contentious Probate Rules 1967 (WA). A standard grant typically issues within 4-8 weeks of filing.
The framework
Probate in WA is governed by the Administration Act 1903 (WA), the Non-Contentious Probate Rules 1967 (WA), and the Supreme Court Act 1935 (WA). The Wills Act 1970 (WA) governs the validity of the will itself.
The process
Locate the original will and confirm executorship
Find the last valid will of the deceased and confirm you are named as executor. If multiple executors are named, decide whether all will apply or power is reserved to some.
Obtain the death certificate
Order the official death certificate from the Registry of Births, Deaths and Marriages WA. A certified copy is required for the application.
Identify and value the estate
Prepare a full inventory of assets and liabilities. Contact banks, Landgate (for real property), share registries, and superannuation funds to confirm values as at the date of death.
Advertise the intention to apply
Publish a notice of intended application for probate in the WA Government Gazette and on the Supreme Court probate notices website at least 14 days before filing, as required by the Non-Contentious Probate Rules 1967.
Prepare the application and affidavit
Complete the prescribed Application for Grant of Probate and the executor's affidavit. The affidavit covers the facts of death, the will, executorship, and estate details as required by the Non-Contentious Probate Rules 1967.
Swear or affirm the affidavit
The executor's affidavit must be sworn or affirmed before an authorised witness — a Justice of the Peace, commissioner for declarations, or Australian legal practitioner.
Lodge the application with the Probate Office
File the original will, death certificate, application, affidavit, inventory, and proof of advertising with the Probate Office of the Supreme Court of WA. Pay the filing fee at lodgement.
Respond to any requisitions
The Registrar may raise requisitions requesting further information, additional affidavits, or corrections. Respond promptly to avoid delays.
Receive the grant of probate
Once the Registrar is satisfied, the sealed grant issues. The grant is the court's formal confirmation of the executor's authority to deal with the estate.
Administer the estate
Use the grant to collect assets, pay debts, funeral expenses, and administration costs, and distribute to beneficiaries according to the will. Lodge final tax returns with the ATO.
Forms and templates
- Application for Grant of Probate
- Executor's Affidavit
- Inventory of Assets and Liabilities
Common mistakes
- Filing before the 14-day advertising period has elapsed
- Not lodging the original will — certified copies are not accepted
- Omitting assets or undervaluing the estate in the inventory
- Using an outdated affidavit form that does not match current Rules
- Distributing estate assets before allowing time for caveats or family provision claims
Get this process right with Quillio
Quillio can draft the executor's affidavit, inventory, and application from your inputs, and check documents against the Non-Contentious Probate Rules 1967 (WA). See /practice-areas/wills-estates-lawyers or start a free trial at /trial.
This guide is general information — not legal advice. The Supreme Court of WA may update its forms, fees, and rules. Confirm current requirements on the Supreme Court website and consider legal advice for contested or complex estates.
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