Wills and estates
What authority is needed to administer the estate?
Probate may be required where there is a valid will and executor. Letters of administration may be required where there is no effective executor or no valid will. The appropriate application depends on the documents, family circumstances and assets.
Conflict clearance and written engagement are required before the firm acts.Quick answer
When do you need probate or letters of administration in Western Australia?
Probate may be required where there is a valid will and an executor — it is the Supreme Court's recognition of the will and the executor's authority. Letters of administration may be required where there is no valid will or no effective executor. The right application depends on the documents, family circumstances and assets, and certain assets cannot be dealt with until authority is granted.
- Probate confirms a valid will and the executor's authority to act.
- Letters of administration apply where there is no will or no effective executor.
- Certain assets cannot be dealt with until authority is granted.
- Gather the death certificate, original will and an asset and liability list first.
- Timing depends on the assets, documents and any complications.
Jurisdiction: Western Australia.
First documents to gather
- Death certificate.
- Original will and later testamentary documents.
- Executor and beneficiary details.
- Asset and liability list.
- Property title and mortgage information.
- Superannuation and insurance information.
- Relevant family and relationship history.
How much does probate cost in WA?
Probate cost has three parts: the Supreme Court filing fee, professional fees and disbursements. As at 1 July 2026 the Supreme Court of Western Australia lists a $418 filing fee for a grant of probate or administration (confirm the current figure before filing). Court fees are set by the estate value; professional fees are where firms differ most.
- Supreme Court filing fee - lodging the application, tiered by estate value.
- Professional fee - advice, preparation, affidavits, filing and routine requisitions.
- Full administration - collecting assets, paying liabilities, managing property, accounts and distributions.
- Disbursements - certificates, valuations, accountants, advertising or foreign documents.
- Some firms charge a percentage of the estate; Legal Care charges a fixed fee based on the work involved.
Who pays for probate?
Proper estate-administration expenses are commonly paid or reimbursed from estate assets, not the executor personally, though the executor should keep records and ensure expenses are properly incurred.
Process
- 1
Locate and assess the testamentary documents.
- 2
Identify the proposed applicant and entitlement.
- 3
Gather evidence and estate information.
- 4
Prepare and lodge the appropriate court application.
- 5
Collect assets, address liabilities and administer the estate.
- 6
Distribute when legally and practically appropriate.
Fees and scope
Legal Care does not publish fixed prices online. After an initial consultation we provide a written, fixed-fee quote with clear inclusions and exclusions, including GST and disbursements.
COMMON QUESTIONS
Frequently asked questions
What is probate?+
Probate is the Supreme Court's recognition of a valid will and the executor's authority to administer the estate. It is often required before certain assets can be dealt with.
What if there is no will?+
Where there is no valid will or no effective executor, a suitable person may apply for letters of administration to administer the estate under the intestacy rules.
How long does it take?+
Timing depends on the assets, documents and any complications. Gathering complete information early is the most effective way to keep an estate moving.
Is a lawyer required?+
Not always, but many executors seek help because of the court requirements, deadlines and personal liability involved in administering an estate correctly.
How much does probate cost in WA?+
It includes the Supreme Court filing fee (a $418 grant fee as at 1 July 2026, tiered by estate value - confirm before filing), professional fees and disbursements. Legal Care charges a fixed fee based on the work involved, quoted after an initial consultation, rather than a percentage of the estate.
Do executors pay probate costs themselves?+
No. Probate costs are generally paid from the estate's assets, not the executor's own money, before the estate is distributed.