Simplifying an otherwise complicated and time consuming process
At Norfolk Lawyers, we provide quality, holistic advice and representation on all matters relating to probate, administration of deceased estates and estate litigation.
We assist clients with applications for a Grant of Probate or Letters of Administration, and in respect to the administration and distribution of an estate. We also act in relation to contested Wills and estates for executors, beneficiaries defending their position, interested parties and parties challenging an unfair Will.
Probate & Administration
At Norfolk Lawyers, we have decades of experience in all aspects of Estate administration. If you are an executor or an administrator and need general advice or assistance in relation to particular aspects of administering an estate that you are responsible for, we can help. Or, if you believe you are not in a position to fulfil your responsibilities as executor or administrator, we can manage the entire process of administering the estate for you.
We can also prepare and file your application for Probate or Letters of Administration (whichever applicable). Our services include:
- Obtaining all requisite information from you and preparing your application, together with any relevant consent forms and supporting documents
- Arranging for signing the application
- Filing the application at the Registry of the Supreme Court of Western Australia
- Providing you with the Grant once it has been received and certifying copies of documents for you
What is Probate?
Probate refers to the process of proving and registering the last Will of a deceased person in the Supreme Court. When a person dies with a Will, somebody (usually the executor), must administer the estate, managing the disposal of assets and debts under the Will. Authority to commence this process is obtained via a Grant of Probate, a document that proves the executor is authorised to administer the Will to enable the assets to be released and distributed in accordance with the Will.
To obtain a Grant of Probate, the named executor must apply to the Probate Office of the Supreme Court of Western Australia. If the application is approved, the executor is given a Grant of Probate confirming that the author of the Will has died, that the Will is authentic and that the executor is who they say they are.
An executor can be an individual, in many cases a close family member such as a daughter or a son, or a trustee company like the Public Trustee. Once a Grant of Probate has been given, management of the deceased’s assets can safely be transferred to and administered by the executor.
All Grants of Probate are stored together with the corresponding Will at the Supreme Court. These are public documents.
However, there are circumstances where a person dies without a Will. In that instance, validation of their estate and benefactors is not done with a Grant of Probate but instead it is necessary to apply for a grant of a similar document known as Letters of Administration. When that occurs, the Probate Registry assesses applications in accordance with the Administration Act 1903 (WA).
Administration of an Estate
Once a Grant of Probate or Grants of Letters of Administration has been issued by the Supreme Court, an executor or an administrator may attend to administration of the estate. Generally, administration of an estate includes:
- Identifying, transferring and calling in assets of the estate so that the executor or administrator can have control over such assets
- Paying all debts and liabilities of the estate
- Distributing the remaining assets of the estate in accordance with the Will or the Administration Act 1903 (WA)
At Norfolk Lawyers, we specialise in deceased estate administration, offering comprehensive estate administration services to guide you through every step of managing an Estate.
