Grant of Probate & Letters of Administration
Probate Lawyers in Perth
Expert legal assistance navigating estate administration and Supreme Court applications.
Handled With Care
A grant is an order by the Supreme Court providing the executor or administrator with the authority to deal with the deceased person’s property. Banks and other financial institutions, Landgate, and share registries will usually require a copy of the grant of probate or to see the original version when dealing with the executor or administrator of the deceased person’s property.
An executor or administrator of a Will must apply to the Supreme Court of Western Australia to obtain a grant of probate.
After a loved one has passed, we can assist surviving family members or friends and guide them through the estate administration processes. Probate can be a complex area of law and we do recommend you seek the assistance of a lawyer, especially if you are applying for Letters of Administration. At Barnard Lawyers, we know how tough these situations can be, and can help you successfully apply for Probate or Letters of Administration.
How We Can Help
We alleviate the burden of estate administration during difficult times by managing the complexities of the Supreme Court application process.
Whether there is a valid Will or the deceased passed away intestate, we provide expert guidance to executors and administrators.
From identifying assets to settling debts and distributing the estate, we ensure all legal obligations are met accurately and efficiently to protect the interests of all beneficiaries.
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FAQs
What is the difference between a Grant of Probate and a Letter of Administration?
The main difference is whether the deceased left a valid will.
- A Grant of Probate is issued when there is a valid will and an appointed executor. It confirms the executor’s authority to manage and distribute the estate.
- A Letter of Administration is issued when there is no will, or no executor is able to act. It appoints an administrator to handle the estate.
Both are orders from the Supreme Court of Western Australia and give legal authority to deal with the deceased person’s assets.
Do you need probate if you have Letters of Administration?
No, you do not need probate if you have Letters of Administration.
They are two different types of grants that serve a similar purpose. If Letters of Administration are issued, they provide the same legal authority to manage the estate as a Grant of Probate would.
What happens after probate is granted in Western Australia?
Once probate is granted, the executor or administrator can begin administering the estate. This typically involves:
- Identifying and collecting the deceased’s assets
- Dealing with banks, Landgate, and other institutions
- Paying any outstanding debts or liabilities
- Distributing the remaining estate to beneficiaries in accordance with the will (or intestacy laws)
The grant is often required by financial institutions before they will release or transfer assets.
How do I get a Letter of Administration in Western Australia?
To obtain a Letter of Administration, you must apply to the Supreme Court of Western Australia.
The process generally involves:
- Preparing and filing the required court documents
- Providing evidence of the deceased’s assets and liabilities
- Demonstrating your entitlement to act as administrator
Because the process can be complex, it is recommended to seek legal assistance to ensure the application is completed correctly and efficiently.
Why is a Letter of Administration needed?
A Letter of Administration is needed when there is no valid will or no executor is available to act.
Without it, you do not have the legal authority to manage or distribute the deceased person’s estate. Most institutions, such as banks and land authorities, require a court-issued grant before dealing with estate assets.
It ensures the estate is administered properly, all legal obligations are met, and the interests of beneficiaries are protected.