How long does probate take?

What is probate?

Probate is the legal process of confirming a will and giving someone the authority to deal with the estate. In Western Australia, the Supreme Court handles all matters involving wills and the administration of deceased estates, and it does this by issuing what's called a grant.

A grant is a court order that gives an executor or administrator the authority to deal with the deceased person's property, as explained by the Supreme Court of WA. Banks, Landgate, share registries, and other institutions usually want to see the grant before they'll release or transfer any assets.

There are a few different grant types depending on the circumstances:

• Grant of probate: Where someone dies leaving a valid will that names an executor, the Court may grant probate to that person.
• Letters of administration with the will annexed: Where there's a will but no available executor, the Court may issue letters of administration with the will annexed.
• Letters of administration: Where someone dies without a valid will at all, the Court may issue letters of administration to an appropriate person, usually a beneficiary.

Whichever one applies to your situation affects how straightforward the process is, and how long it will take. A grant of probate, where there's a valid will and a named executor ready to act, is the quickest, while the letters of administration grants will involve more work, particularly where there's no will.

How long does probate take in WA?

From our experience, an estate in WA takes between 6 and 12 months to fully administer, from the date of death through to distributing the estate to beneficiaries. It's important to know that this is just an average, and instead of guessing the whole timeline, it's more helpful to break this down into stages instead.

1. Before you apply

Typical timeline: Usually a few weeks to a couple of months.

What this includes: Obtaining the death certificate, locating the original will, and gathering asset and liability details.

2. Preparing and lodging the application

Typical timeline: Usually a few weeks.

What this includes: Drafting the application documents, including a sworn statement and a list of the estate's assets and debts, then filing with the Court.

3. Requisitions

Typical timeline: This can add weeks or even months.

What this includes: Responding to any Court requests for further information or documents.

4. Administering and distributing the estate

Typical timeline: Usually a few months.

‍What this includes: Paying debts, finalising tax, and distributing to beneficiaries after the grant.

What can make probate take longer?

The biggest variable is how many other parties the estate involves. As the WA Public Trustee explains, administering an estate means dealing with banks, super and insurance companies, the Supreme Court, agencies like Centrelink, the ATO and Landgate, and each has its own timeframes to navigate.

Common hold-ups include trouble locating the original will, waiting on the death certificate, and requisitions from the Court asking for more information after lodgement. In the administration stage, selling property and resolving superannuation are frequent bottlenecks. The longest delays come from disputes. The Public Trustee notes the process can take considerably longer where there are disagreements about assets or court proceedings. In our experience, a contested will can add months or years.

What can speed up probate?

Much of the timeline is in your control. Locate the original will early and keep it in it's original condition, request the death certificate straight away, and start gathering asset and liability details as soon as you can, since chasing institutions is usually the slowest part.

Accuracy is the other key. A complete, correctly prepared application is far less likely to attract requisitions (requests from the Court for more information or corrections), which are one of the most avoidable delays. This is where a lawyer's help, or a quick review before lodgement, often pays for itself.

Common questions we're often asked about probate

Do I always need probate when someone dies?

‍Not always. If assets were held jointly e.g. a home owned as joint tenants or a joint bank account, they often pass to the surviving owner without a grant. Probate is needed when the deceased held assets solely in their own name, such as property, shares or bank accounts.

What's the difference between probate and letters of administration?

‍Probate applies when there's a valid will naming an executor who is able to act. Letters of administration apply when there's no valid will, or no available executor. In this case the Court appoints a suitable person, usually a beneficiary, to administer the estate.

Can I apply for probate myself, or do I need a lawyer?

‍You can apply yourself using the Supreme Court's process, and some people do. A lawyer is needed when the estate is complex, the will is unclear or disputed, or you just want to avoid the delays that come from errors and Court requisitions.

What can delay a probate application?

‍Common causes include difficulty locating the original will, waiting on the death certificate, tracking down asset and liability details across multiple institutions, or requisitions from the Court. However, the biggest delays come from disputes over the will, which can extend the process by months or longer.

Can beneficiaries be paid before probate is finalised?

In most situations the answer is no. The executor needs the grant before most assets can be released, and it's unwise to distribute the estate until debts and tax are settled and the window for claims against the estate has closed.

How much does probate cost in WA?

‍The Supreme Court charges a flat filing fee, and if you engage a lawyer there'll be professional fees on top. Costs vary with the estate's complexity, so it's worth asking for an estimate up front.

Personalised advice for probate

Every estate is different, and the timeframes above are only a guide. A simple estate with a clear will and a cooperative family can move quickly, but a complex or contested one will take much longer. The best way to get a realistic sense of your situation is to talk it through with someone who does this regularly.

Our estates team helps executors navigate probate and estate administration with as little stress as possible. You're welcome to reach out if you'd like to talk to someone about this process in more detail.

This article is general information only and is not legal advice. Every situation is different, so please get specific advice for your circumstances before acting.