Probate and estate administration after a death in WA

Dealing with a loved one’s estate while grieving is genuinely difficult, and the legal terminology doesn’t help. This is general information about how probate and estate administration typically work in WA, not advice on a specific estate, since individual circumstances vary considerably.

What probate actually is

Probate is the court process that formally confirms a will is valid and authorises the named executor to administer the estate, meaning they can legally deal with the deceased person’s bank accounts, property, and other assets. Not every estate needs it. Whether probate is required generally depends on the types of assets involved and how they were owned.

When probate is typically needed

• The deceased owned property solely in their own name
• Financial institutions holding significant funds require formal proof of the executor’s authority
• The estate includes assets that can’t be transferred without a court-issued grant

Jointly owned property and some jointly held accounts can sometimes pass directly to a surviving co-owner without probate, which is why smaller or simpler estates don’t always require the full process.

The general order of administration

Stage	What typically happens
Locate the will and identify the executor	Confirms who has authority to act
Apply for probate, if required	Formal court process confirming the will’s validity
Notify asset holders and settle debts	Banks, creditors, and relevant authorities are notified
Value and manage estate assets	Property, investments, and other assets are assessed
Distribute to beneficiaries	Assets are transferred according to the will’s terms

Each stage can take longer than expected, particularly notifying institutions and waiting for formal responses, so it’s reasonable to expect the full process to take months even for a relatively straightforward estate.

Without a will

If someone dies without a valid will, their estate is distributed according to WA’s intestacy rules, a fixed legal order of who inherits, which may not reflect what that person would have wanted, particularly for blended families or long-term unmarried partners. A different grant, letters of administration, is generally needed instead of probate, and the process typically takes longer without a will to work from.

The executor’s role

Being named an executor is a genuine responsibility, not just an honour. It involves locating and valuing assets, paying valid debts before distribution, keeping proper records, and being personally accountable for how the estate is administered. Executors are entitled to get professional help, and for anything beyond a simple estate, most choose to.

If a dispute arises during administration

Disagreements sometimes surface during administration, whether that’s a beneficiary questioning how the estate is being managed, or someone considering a family provision claim on the basis they weren’t adequately provided for. These situations are separate from the standard administration process and often carry their own time limits, so if a dispute looks likely, raise it with the estate lawyer handling the matter as early as possible rather than waiting until distribution is imminent.

What beneficiaries can reasonably expect

If you’re a beneficiary rather than the executor, you’re generally entitled to be told you’re a beneficiary and to receive reasonable updates on the estate’s progress, though you don’t have a right to direct how the executor manages every decision along the way. If communication from an executor goes quiet for an extended period, it’s reasonable to ask for an update, and persistent silence can be worth raising with a lawyer if it continues.

When to get legal advice

If you’re an executor unsure where to start, a beneficiary with questions about the process, or someone considering challenging a will or making a claim against an estate, a wills and estate lawyer can explain your position and the realistic timeline involved. Time limits apply to some types of challenges, so it’s worth getting advice promptly rather than waiting. If you’re helping a parent put these documents in place before any of this becomes relevant, our guide on helping an aging parent with a will and power of attorney covers how to start that conversation.

This is general information about probate and estate administration in WA and isn’t advice on a specific estate. You can compare wills and estate planning lawyers in Perth and see how firms are assessed in our methodology. Visit the Perth Legal Guide homepage for other practice areas.