Probate is the legal process that a Will of a deceased goes through whereby the Supreme Court reviews the Will to ensure that it is in order and complies with the law. If the law is complied with the Court issues a Grant of Probate which then empowers the executor to administer the estate of the deceased according to the terms of the Will.
Until a Grant of Probate is issued an executor has no power or authority to act. To obtain a grant of Probate, the executor named in the will must make application to the Supreme Court. This application is made by lodging documentation with the Probate Registry.
An applicant must also provide an address for service within Western Australia. The process of Probate can be carried out by both an individual and a qualified person and here at Home Visit Wills we are happy to offer our ‘Executor Assist’ service.
If there is a Will, probate is the process by which the Will is proved, by the Court, to be valid.
In order for an executor(s) to get authority to administer a deceased person’s estate they usually need to obtain a document called a “Grant of Probate”. This document is the proof that your executor(s) are authorised to administer your Will. To obtain a Grant of Probate the executor(s) must apply to the Supreme Court.
We can assist with applications to obtain a Grant of Probate. Homevisitwills have fixed price fees, which will be discussed with you when we meet, therefore you will have certainty about the costs.
Please contact us for a no obligation friendly chat about our probate service in Perth and how we can assist you to make the process as simple as possible.
Letters of Administration
If someone dies without a Will an application will need to be made to the Supreme Court for Letters of Administration.
The Letters of Administration can then be granted by the Supreme Court to an appropriate person (usually a beneficiary of the estate). That person(s) can then administer the deceased estate.
For further information about this please contact us for a friendly, no obligation chat about the process and our fixed price fees.
If the answer to any of the next questions is “YES”, a grant of probate may be required before you can wind up a deceased estate:
Did the deceased hold (at death)
- assets (eg bank accounts, shares, real estate) solely in their name?
- Real estate as tenants in common with another party?
- A superannuation benefit that was NOT the subject of a binding nomination?
- A share portfolio?
- A interest in a partnership?
If the deceased held real estate as joint tenants (eg with a spouse), the title can be transferred by way of survivor-ship. We can assist in this respect.
Jointly held bank accounts will normally be transferred to the surviving party on production of a death certificate to the bank by the surviving party. Some banks need persuading that this is all that is required. It is very rare for accounts to be held as tenants in common. We have assisted many clients in dealing with this problem.
For those seeking to obtain probate on their own our service is available to help along the way with any complex situations that may arise.
When you contact us we will discuss your requirements with you and then offer you a ‘Fixed Price’ for the work that is required so that you know where you stand. As well as our Fixed Price Legal Advice promise we are also happy to provide below some information that will help you if you are going it alone.
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Call Us! 1300 870 900
Making a Will is easy with Home Visit Wills, we provide you with a wide range of packages for making a Will. After a consultation you simply choose the package that best suits your wishes.
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