Our Approach — Belmont Legal

We handle the legal side so you can grieve in peace

What Is Probate?

Probate is the legal process of having a will validated by the Supreme Court of Western Australia. The court issues a 'Grant of Probate' — a document that confirms the will is valid and gives the executor the legal authority to deal with the deceased's assets.

You typically need probate when the deceased:

Owned real property (land or buildings)
Had bank accounts above the institution's threshold (usually $15,000–$50,000)
Owned shares or investments
Had assets in their sole name

The probate process in WA:

1. Locate the original will

2. Prepare and lodge the probate application with the Supreme Court

3. Publish a notice in The West Australian newspaper (required by law)

4. Wait for any claims or objections (typically 14 days)

5. Receive the Grant of Probate (usually 4–8 weeks after lodgement)

6. Use the Grant to access and distribute the estate's assets

How Belmont Legal Helps Executors

Full Administration

We handle the entire process from start to finish. You provide the documents, and we manage the probate application, asset collection, debt settlement, and distribution

Guided Administration

You handle the day-to-day tasks, and we provide legal advice and document preparation at each stage. A cost-effective option for straightforward estates.

Specific Tasks

We can assist with specific parts of the process, such as the probate application, dealing with a particular asset, or resolving a dispute.

All services are quoted at your initial consultation. We provide a clear scope of work and fixed fees wherever possible.

If you've been named as an executor or need to administer a loved one's estate, Belmont Legal is here to guide you through every step.

Letters of Administration When There Is No Will

If someone dies without a valid will (intestate), you can't apply for probate. Instead, an eligible person must apply for 'Letters of Administration' from the Supreme Court.

Key differences from probate:

More paperwork and court scrutiny
Typically more expensive in legal fees
The estate is distributed according to WA's intestacy laws, not the deceased's wishes
There may be disputes about who should administer the estate

Who can apply?

The Administration Act 1903 (WA) sets a priority order: spouse or de facto partner first, then children, then parents, then siblings, and so on.

At Belmont Legal, we help families navigate the Letters of Administration process with compassion and efficiency.

Executor's Duties What You Need to Do

Being named as an executor is both an honour and a significant legal responsibility. Here's a summary of your duties:

Immediately after death:

Locate the original will
Arrange the funeral (following any instructions in the will)
Secure the deceased's property and valuables

Within the first few weeks:

Apply for probate at the Supreme Court of WA
Notify banks, superannuation funds, insurers, and government agencies
Redirect mail and cancel unnecessary subscriptions
Obtain a death certificate

After the Grant of Probate:

Collect all assets of the estate
Pay debts, taxes, and funeral expenses
Distribute the estate according to the will
Keep detailed records of all transactions
Prepare estate accounts for beneficiaries

Important: Executors are personally liable for mistakes in the administration process. If you've been named as executor and feel uncertain about any part of the process, getting legal advice is the smartest investment you can make.

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Frequently Asked Questions

A simple will at Belmont Legal starts from $800 including GST. Couples wills (two individually tailored wills) start from $1,400. Complex wills involving testamentary trusts, blended families, or business structures are quoted at your free consultation. All fees are fixed, no hourly charges or hidden costs.
A handwritten (holographic) will can be valid in WA if it meets specific legal requirements, but it carries significant risk. Ambiguous wording, missing formalities, and incomplete instructions are the leading causes of contested estates. A professionally drafted will provides certainty that your wishes will be legally enforceable.
Yes. In Western Australia, getting married automatically revokes any existing will unless it was made specifically in contemplation of that marriage. If you're getting married or recently married, you should make a new will as soon as possible.
No. Your superannuation is not automatically covered by your will. Your super fund has its own rules about who receives your death benefit. You need to lodge a Binding Death Benefit Nomination (BDBN) with your super fund to ensure your super goes where you want. We cover this as part of our estate planning service.
Yes. You can and should make provisions for digital assets including bank accounts, investment platforms, cryptocurrency, social media accounts, online businesses, and cloud storage. We recommend maintaining a secure list of accounts and access details (stored separately from the will itself) and including instructions for your executor in your will.
An executor is the person responsible for managing your estate after you die applying for probate, paying debts, and distributing assets. A guardian is the person you nominate to care for your children under 18 if both parents pass away. These can be the same person or different people. You can also separate the financial management of your children's inheritance from their day-to-day care.
In Western Australia, certain people can make a family provision claim if they believe they weren't adequately provided for. This includes your spouse or de facto partner, children (including adult children), former spouses, and dependants. The best protection against a contested will is a professionally drafted document with clear reasoning, kept up to date as your circumstances change.
Your will should be stored securely where your executor can access it when needed. Options include: with your lawyer (Belmont Legal stores clients' original wills at no charge), at the WA Supreme Court, or in a secure location at home with your executor informed. Avoid safety deposit boxes (your executor may not have access) and never rely solely on a digital copy digital wills are not valid in WA.