When dealing with deceased estates, there is often a need to obtain the Grant of Probate or Letters of Administration as quickly as possible so that the assets can be distributed to the beneficiaries.

How long does Probate and Letters of Administration take?

This depends on the facts of each case.  If the matter is complex, it may take some time to gather the relevant information to prepare the application for lodgement with the Supreme Court of Western Australia.

Probate – Deceased left a Will

We will be able to assist the executor named in the will and prepare the application for the Grant of Probate at the appointment at our office if: –

• The original will is available.
• The will is in order.
• The death certificate has been issued.
• All required information relating to the deceased are available including a list of the deceased’s assets and liabilities and their respective values.

Based on our experience, the executor may need a couple of weeks or more to gather all relevant information before making the application for a grant of probate.  If the executor has no knowledge or information of the bank accounts of the deceased, then enquiries must be made with the relevant banks.  Such enquiries usually take about 2 to 3 weeks for the banks to process and provide the relevant information.

Once all information is available, the application can be immediately prepared, signed off and lodged for processing at the Supreme Court of Western Australia.

Once lodged, if the application is in order, the Supreme Court usually takes about 4 to 8 weeks to issue the Grant of Probate.

Letters of Administration – Deceased did not leave a Will

When the deceased did not leave a will, the application is for Letters of Administration.  A beneficiary of the estate is entitled to make an application for Letters of Administration.  A list of the assets and liabilities of the deceased must also be prepared.  In certain cases, documents may have to be signed by the other beneficiaries consenting to the intended administrator’s application or a guarantor obtained when the estate involves children as beneficiaries.  There may also be disputes among the beneficiaries as to which party should be granted Letters of Administration to deal with the estate.  Hence, this application may be complicated and take more time to sort out and prepare.

Once lodged, if the application is in order, the Supreme Court of Western Australia usually takes about 4 to 8 weeks to issue the Letters of Administration.

Urgent Application

If there is urgency for probate or letters of administration to be granted, for example, the grant is required for the settlement of the sale of the deceased’s property, we can write to the Supreme Court for the application to be expedited.  In appropriate cases, the Supreme Court has shown a willingness to assist the executor and process the application on an urgent basis.

In Robertson Hayles Lawyers, we have a wealth of experience in deceased estates and will ensure that your application is lodged and obtained in a timely manner.  For appropriate cases, we provide a fixed fee for the application.   Contact Robertson Hayles Lawyers at (08) 9325 1700 or by email at enquiry@robertsonhayles.com for legal assistance in applying for probate or administration.

Note

The above content is only intended to provide a general overview of the topic discussed. It is not intended to be comprehensive, nor does it constitute legal advice. You should seek legal advice specific to your circumstances before acting or relying on any of the above content.