Probate vs Letters of Administration WA

Probate is generally the Supreme Court of Western Australia’s grant to an executor named in a valid will. Letters of administration are generally granted when a person dies without a valid will. Letters of administration with the will annexed may apply where there is a will but no executor able or willing to obtain probate.

Key points

The correct grant depends on whether there is a valid will and an available executor.
A grant confirms authority to deal with estate assets covered by it.
Not every estate needs the same process; asset holders determine what authority they require.
Original wills must be preserved carefully.
Court requisitions can delay an incomplete or inconsistent application.
The Supreme Court filing fee changes periodically and should be checked when filing.

What is probate?

Where a person dies leaving a valid will that appoints an executor, the Court may grant probate to that executor. The grant recognises the will and the executor’s authority to administer estate assets.

The executor must still identify assets and liabilities, protect property, address debts and tax, follow the will and applicable law, keep records and distribute at the appropriate time.

What are letters of administration?

Where a person dies without a valid will, the Court may grant letters of administration to an appropriate person, often a beneficiary under the intestacy rules. The administrator performs a role broadly comparable to an executor, but distribution is governed by legislation rather than a will.

Eligibility, consents, competing applicants and family circumstances can make the application more complex.

What are letters of administration with the will annexed?

This grant may be appropriate where a valid will exists but it does not appoint an executor, or the appointed executor cannot or will not apply. The Court may appoint an appropriate administrator, commonly a beneficiary, to administer the estate according to the will.

Is a grant always required?

It depends on the assets, how they were owned and the requirements of each institution. Jointly owned property may pass through survivorship. Some asset holders may release a small balance without a grant, while land or substantial accounts commonly require formal authority.

Do not distribute or transfer assets simply because family members agree. First establish ownership, liabilities and authority.

What documents are commonly required?

The Supreme Court’s current preparation guidance identifies core documents including:

motion for the relevant grant;
executor or administrator affidavit;
statement of assets and liabilities;
original will, where applicable; and
original death certificate.

Additional affidavits, consents, renunciations or evidence may be required depending on the will and circumstances.

Protect the original will

The Court’s guidance says to leave the original will in its original state and not staple, pin, paperclip or remove existing bindings. Alterations, damage, markings or missing pages may require further evidence.

What is a requisition?

A requisition is a notice identifying a problem or information required before the grant can issue. The Court states that an answer generally needs to be provided by affidavit, unless the requisition says otherwise. Accurate names, dates, execution details, assets and supporting documents reduce avoidable delay.

Current filing fee

The Supreme Court lists the filing fee for an application for probate or administration as $418 from 1 July 2026. Court fees can change and concessions or other charges may be relevant, so confirm the current fee at filing rather than relying on an older article.

Hypothetical examples

A valid will names an executor who is willing and able to act: probate may be the relevant grant.
No valid will can be found: letters of administration may be required.
A valid will exists, but the sole executor died before the will-maker: letters of administration with the will annexed may be considered.

When should legal advice be obtained?

Seek advice where there are will defects, informal documents, lost originals, executor disputes, blended families, overseas assets, competing applicants, trusts, business interests, insolvency, a possible family provision claim or uncertainty about distribution.

Get help with a WA estate application

Legal Care Australia assists executors, administrators and families with probate, letters of administration and estate administration. Book an estate consultation in English or Vietnamese.

Sources checked

First drafted and source-checked: 21 July 2026. General information only; court requirements and fees can change.

Probate and Letters of Administration in WA: What Is the Difference?