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Do I need a grant of Probate?

What is Probate?

Probate is the process of proving the validity of a Will to the Supreme Court of Western Australia.

Do I need a grant of Probate?

You are likely to need a grant of Probate if the:

  • deceased had bank accounts solely in their name with a balance of over about $20,000 (the threshold varies with different financial institutions);
  • deceased owned real estate as tenants in common with another party;
  • deceased owned shares with a market value of more than $10,000; or
  • deceased’s superannuation entitlements or life insurance are payable to their estate.

It may be prudent to apply for Probate in any event where there are any doubts as to the validity of the Will

A Grant of Probate is not required where assets were owned by the deceased as a joint tenant with another surviving party.

Take our short quiz to see if you need to apply for Probate.

You can only apply for a Grant of Probate in Western Australia if the deceased owned assets within the state. If not, you will need to apply for a Grant in the jurisdiction in which the majority of the deceased’s assets were held.

Who can apply for Probate?

An application for Probate must be made by the executor named in the Will. If the executor does not want to apply, an application for Letters of Administration with the Will annexed can be made by a beneficiary.

What if there is no Will?

If the deceased person did not leave a valid Will, an application should be made for Letters of Administration.

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