Supreme Court of Western Australia

Before Applying

You will usually need to apply for a grant of probate if:

  • The deceased had assets in Western Australia at the date of death such as bank accounts, shares or real estate solely in his or her name.
  • The deceased owned real estate at the date of death as tenants in common with another party.

The Court only has jurisdiction if the deceased left assets in Western Australia. The Court will not issue a grant if there are no assets in WA.

You may not require a grant of probate if:

  • The deceased owned real estate at the date of death as a joint tenant with another person such as a spouse or partner. In this case the title can be transferred to the surviving party without a grant of probate being required. Forms are available from Landgate for this purpose.

  • The deceased's bank account was jointly held with another person such as a spouse or partner. Such bank accounts will normally be transferred to the surviving party on production of a death certificate to the bank by the surviving party.

  • The deceased's only other assets were personal possessions.

  • The only property left by the deceased (other than items of personal property) is a car or a motor bike.

We recommend you contact the institutions (such as banks, superannuation funds, and insurers) holding the assets. If there are assets solely in the name of the deceased, the institution will usually tell you whether they require a grant of probate to release those assets or what they will need to release the assets.

  1. The original will.
  2. The original death certificate.
  3. An original codicil (if applicable).
  4. All the statements relating to assets and liabilities.

Leave the will in its original state

Do not staple, pin or paperclip anything to the will when preparing your application.

Do not remove staples or bindings to photocopy the will

  1. Your full name and residential address.
  2. The deceased's full name and residential address.
  3. The deceased's full name (as on their birth certificate) but also any other aliases.
  4. The deceased's marital status on the date the will was signed.
  5. The full names and residential addresses of the witnesses to the will (and to any codicil).
  6. The deceased's assets and liabilities:
  • Property details as they appear on the title.
  • Share details as described on the share register.
  • Bank account details - name of bank, account number and balance.
  • Make and registration number of any vehicles.

You may instruct a lawyer to prepare and file an application for a grant of Probate on your behalf (or to act for you at any stage of the proceedings). Alternatively, you may do it yourself. If you wish to do it yourself then an interactive online form system is available through the eCourts Portal. It is easy to use and will help you complete the required application, an affidavit in support of the application and a statement of assets and liabilities to be attached to your affidavit.

Probate Online Application

You should obtain legal assistance if you find that the probate online application is not suitable for your application.

Alternatively, you may purchase a set of application forms from the Citizens Advice Bureau. Read through the forms carefully, paying particular attention to margin notes. You must type or neatly hand print the application. You should obtain legal assistance if you experience problems completing the application forms.


Last updated: 1-Mar-2019

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