The executor’s journey: What is ‘probate’?

Being named the executor of a will is both an honor and a significant responsibility. If the will maker (testator) has recently passed away, one of your primary duties as an executor in Western Australia is to navigate the probate process. Below is a guide to understanding probate, the steps involved, and how Estate Essentials can assist you in this important role.

What Is Probate?

Probate is the legal process of confirming the validity of a deceased person’s will. It ensures that the executor named in the will has the authority to manage and distribute the estate in accordance with the testator’s wishes.

In Western Australia, the Supreme Court of Western Australia oversees the probate process. Once a grant of probate is issued, the executor can formally deal with the deceased's assets, such as bank accounts, property, and investments.

An Executor’s Responsibilities

As an executor, your duties begin upon the death of the will maker and may include:

  • Locating the will to confirm the testator’s wishes.

  • Organising the funeral or liaising with family if the will contains specific directions.

  • Applying for a grant of probate, if required.

  • Collecting the deceased’s assets and settling liabilities, such as debts and taxes.

  • Distributing the estate to beneficiaries in accordance with the will.

Being an executor can be complex, especially if the estate involves multiple assets, liabilities, or disputes. It’s important to know that you can seek professional assistance to fulfill your duties.

Seeking Assistance

Executors are entitled to seek advice from legal, financial, or tax professionals to help them carry out their responsibilities. This is particularly useful for:

  • Preparing the probate application.

  • Addressing tax obligations or compliance issues.

  • Resolving disputes among beneficiaries.

At Estate Essentials, we provide self-customised probate applications designed to assist you in obtaining a grant of probate efficiently and affordably.

The Probate Process in Western Australia

The probate process generally involves:

  1. Identifying and valuing the deceased’s assets.

  2. Preparing the application documents, including retrieving the original will and death certificate.

  3. Lodging the application with the Supreme Court of Western Australia (Probate Registry).

The court reviews the application to confirm the will’s validity and the executor’s appointment. If everything is in order, the court issues the grant of probate.

How Long Does Probate Take?

The probate process in Western Australia usually takes 4–6 weeks from the date the application is lodged. However, delays may occur if documents are incomplete or if there are concerns about the will.

What If There Are Issues With the Will? (i.e. missing signatures, pages missing or document in poor condition)

Concerns about the condition or originality of the will—such as missing signatures, damage, or alterations—may require additional documentation, such as affidavits, to explain the circumstances.

These affidavits might include:

  • Affidavits of Due Execution: For missing signatures from the will maker or witnesses.

  • Affidavits of Due Plight and Condition: For instances where the will is damaged, raising questions about its validity or completeness.

If, upon reviewing the original will, you identify missing signatures or have concerns about its condition—such as damage, alterations, or other issues— we strongly recommend seeking independent legal advice to address these matters and ensure your application meets all legal requirements.

Additional Considerations for Executors

  • Maintaining Records: Executors must keep detailed records of all transactions and decisions made on behalf of the estate.

  • Handling Disputes: Beneficiary disagreements may require mediation or legal advice.

  • Tax Obligations: Executors must ensure all tax obligations are met, including filing the deceased’s final tax return and paying any outstanding taxes.

How Estate Essentials Can Help

At Estate Essentials, we understand the challenges executors face and are committed to simplifying the process. Our services include:

  • Probate applications tailored to Western Australian legal requirements.

  • Step-by-step guidance through the process to save you time and reduce stress.

If you have a valid will and need to prepare an application for probate, we offer cost-effective and reliable solutions to help you move forward with confidence.

Ready to begin preparing an application for probate? Click here.

Disclaimer: The information provided in this article is general in nature and does not constitute legal advice. Estate Essentials is not a law firm and does not provide legal services. While we strive to provide accurate and up-to-date information, it may not apply to your specific circumstances or address all potential issues. We strongly recommend consulting an independent legal professional to ensure your estate planning documents meet your unique requirements.