Managing Deceased Estates with Considerate Probate Lawyers
Inheritance law is highly complicated. The unfortunate death of a loved one adds significant weight to the already existing emotional strain and grief.
At Rattigan & Associates, our probate lawyers have been handling these confusing, layered cases helping families navigate inheritance, wealth transfer, and disputes. While managing the range of estate legal processes, our probate lawyers aim to help to calmly resolve conflicts and find a clear, beneficial outcome.
Types of Grants
Not every estate requires the same application. The right grant depends on the circumstances.
Grant of Probate:
Issued when the deceased left a valid Will naming an executor. The executor applies to the Supreme Court for authority to administer the estate.
Letters of Administration with the Will Annexed:
Issued when a valid Will exists but no executor was named, or the named executor is unable or unwilling to act.
Letters of Administration:
When no valid Will exists and there are assets of the deceased, an application to the Court by way of Letters of Administration may be the appropriate step. The Court appoints a suitable person, usually the next of kin (the closest person to the deceased), to administer the estate under WA intestacy law.
Do You Need a Grant?
Not every estate requires one. A grant is generally needed when the estate includes:
- Real estate held solely in the deceased’s name
- Financial assets valued over $20,000 in the deceased’s name alone
- Shares, investments, or superannuation requiring executor authority
A grant is generally not required when all assets were jointly owned and pass automatically to the surviving owner.
If you are unsure, we can assess the estate and advise you before any application is made.
The Probate Process in WA
How Long Does Probate Take in WA?
A correctly prepared application typically takes 6 to 8 weeks from lodgement to grant. The 6 month deadline from the date of death applies. Missing it does not make probate impossible, but it requires explanation to the Court and adds complication.
Delays most commonly come from incomplete applications, missing documents, or beneficiary disputes. Getting the paperwork right the first time is the single biggest factor in keeping the process on track.
How Rattigan & Associates Helps You Manage Inheritance Law
When managing these layered legal requirements and competing timelines, our probate and estate lawyers are here to guide you through each stage. Rattigan & Associates helps you with:
- Applying for a Grant of Probate: We prepare and lodge your application to the Supreme Court of WA, manage all documentation, and respond to court requisitions promptly.
- Applying for Letters of Administration: Whether the estate has no Will or the named executor cannot act, we determine who is entitled to apply and prepare the application accordingly.
- Estate Administration: We collect assets, pay debts and liabilities, lodge tax returns, and distribute what remains to beneficiaries in full compliance with WA law.
- Property Transfers: We manage the legal transfer of jointly held property, family homes, and land titles through Landgate once the grant is issued.
- Entitlements: We advise on who has legal entitlements under the Will or WA intestacy law. We also handle any family provision claims or disputes.
Speak to Our Team Today
In times of grief and emotional drain, complex inheritance law processes only add to the distress. Our experienced probate lawyers are here to help you through each stage, gathering necessary documents, applying for the necessary grants, and managing any family disputes.
For a free initial 10-minute consultation to find out how Rattigan & Associates can assist you, please contact us on (08) 6118 2935.
Probate & Estate Law – Frequently Asked Questions
How Much Does Probate Cost in WA?
In WA, the Supreme Court Probate or Letters of Administration filing fee is $408 regardless of estate value, making it the lowest court filing fee in Australia. On top of that, legal fees for preparing and lodging the application typically range from $1,500 to $5,000, depending on estate complexity. Additional disbursements such as property valuations, document certification, filing fees and postage are also payable by the estate.
What Assets Do Not Pass Through Probate?
Not all assets form part of a deceased estate. Assets that generally bypass probate include:
- Jointly Owned Assets: Property or accounts held as joint tenants pass automatically to the surviving owner and do not form part of the estate.
- Superannuation: Where a valid binding death benefit nomination is in place, super passes directly to the nominated beneficiary.
- Life Insurance: Policies with a named beneficiary pay out directly without passing through the estate.
- Assets Held in Trust: These are owned by the trust, not the individual, and sit outside the estate.
Note: if super or insurance nominates the “legal personal representative” rather than a named person, those assets do form part of the estate and may require probate.
What Does Probate Mean in Australia?
Probate is the legal process by which the Supreme Court validates a deceased person’s Will and grants the executor authority to administer the estate. It confirms the Will is legitimate and gives the executor the legal standing to collect assets, pay debts, and distribute to beneficiaries.