How to apply for probate in WA: steps, fees and record-keeping
If your loved one passed away with assets in Western Australia and you are their executor, you apply to the Supreme Court of Western Australia for a grant of probate. The court’s own pages explain each stage clearly. This guide brings them together in order, adds the current fees and notes what to record as you go. We read every page listed under Sources on 3 November 2026. It is general information, not legal advice.
What a grant is
The court describes a grant as an order giving the executor or administrator authority to deal with the deceased person’s property. Banks, other financial institutions, Landgate and share registries will often ask for a copy of the grant, or to see the original, before they deal with you. There are three main types:
- Probate, where there is a will naming an executor;
- Letters of administration with the will annexed, where the will names no executor or the named executor can’t or won’t apply;
- Letters of administration, where there is no valid will.
The court says the area can be complex, especially for letters of administration, and recommends a lawyer if you find the process difficult.
Do you need a grant?
The court’s “Before applying” page says you will usually need a grant of probate if:
- the person had assets in Western Australia solely in their name, such as bank accounts, shares or real estate; or
- they owned real estate as tenants in common with someone else.
It says you may not need one if the person held real estate as joint tenants (the title can be transferred to the survivor, with forms from Landgate), if bank accounts were jointly held, or if the only other assets were personal possessions or a car or motorbike. It recommends contacting each institution to ask what it needs.
The Public Trustee’s page adds that a small estate may sometimes be handled informally. For example, a bank may agree to pay the funeral from a small account and release the balance to the beneficiaries. Neither page gives a dollar figure for this.
The steps
1. Gather the originals
The court asks you to have these ready when you file:
- the original will and any original codicil;
- the original death certificate;
- any original signed consents or renunciations (for example, from a co-executor who is not applying).
Leave the will in its original state. Do not staple, pin or paperclip anything to it, and do not remove staples or bindings to photocopy it.
2. Gather the information
The court lists what you need to complete the documents: your full legal name and address; the deceased’s full name, address and any other names; their marital status when the will was signed (not when they passed away); the names and addresses of the witnesses to the will and any codicil; and the assets and liabilities at the date of death. For assets, that means land details, share register details, the bank, branch, last six digits of each account number and balance, and the make, model and registration of any vehicles.
An asset register started early makes this step much quicker.
3. Prepare the application
The application is made up of:
- a motion for a grant of probate or letters of administration;
- an affidavit of the executor or executors;
- a statement of assets and liabilities as at the date of death;
- the will (if there is one) and the original death certificate.
You can use a lawyer or prepare it yourself. The court’s Probate Online Application (the Probate Wizard) is designed for applications that are not complex. The court also has templates for the motion and the statement of assets and liabilities on its forms and fees page.
The court may reject an affidavit that is not in the correct form. It asks that the affidavit be typed (not handwritten) on white A4 paper in at least 12 point font and black ink, with numbered paragraphs and numbered pages stapled at the top left corner. An affidavit is not the same as a statutory declaration, and the court will not accept a statutory declaration instead.
4. Swear the affidavit and mark the will
You swear or affirm the affidavit in front of an authorised witness, such as a Justice of the Peace, a lawyer who has held a practice certificate for at least two years, or a public notary. The full list is in sections 6, 9 and 10 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA). You both sign at the bottom of each page. You and the witness also sign the cover of the will (or somewhere that does not interfere with the text), which the court calls “marking the will”.
If the death certificate does not give an exact date of death (for example “found on” a date, or “between” two dates), the court’s preparing page explains what to say in the affidavit.
5. File with the court
You can file in person at the Registry or by post to Supreme Court of Western Australia, Level 11, David Malcolm Justice Centre, 28 Barrack Street, Perth WA 6000. If you post original documents, the court strongly recommends registered post and keeping a photocopy of everything. Give the court an email address so it can contact you quickly if there is a problem. The court keeps the original will and attaches a photocopy of it to the grant.
The court accepts payment by cash, bank cheque, money order, Visa, Mastercard or eftpos, but not personal cheques.
6. Answer any requisition
If there is a problem, the Registrar sends a requisition explaining what is needed. The court will not continue until it is answered. You usually answer with a further affidavit (a letter only if the requisition says so), dealing only with the points raised. A statutory declaration can’t be used. Registry staff can’t explain what a requisition means, so if it is unclear or it suggests legal advice, the court says to see a lawyer.
Fees from 1 July 2026
The court’s fees page listed these fees from 1 July 2026 when we read it on 3 November 2026:
| Item | Fee |
|---|---|
| Filing an application for a grant of probate or administration | A$418.00 |
| Search fee | A$68.00 |
| Copy of a will or other document, per page | A$2.80 |
| Certification fee | A$31.10 |
The filing fee is a single amount, not a scale based on the value of the estate. Fees are reviewed each year, so check the page before you file.
How long it takes
The court says it aims to process applications within four weeks of receiving them, although complex applications may take longer and there can be delays from time to time. A requisition adds time, as does post: the court notes that Australia Post now delivers regular letters every second business day, which is one reason it asks for an email address.
After the grant
If the grant is made, the court sends it by regular post, or you can ask to collect it from the Supreme Court Registry using the request form on its forms page. With the grant you can then deal with the institutions holding assets.
- Land. Landgate’s DEC-01 guide explains the survivorship application where your loved one held land as a joint tenant. For land held solely or as tenants in common, the DEC-03 guide explains the transmission application made after the grant. DEC-01 and DEC-03 are guide numbers, not form numbers, so check the guides for current forms and fees.
- Vehicles. The Department of Transport and Major Infrastructure uses a Declaration of Deceased Estate (E172), lodged at a service centre, a regional agent or by post.
- Help. The Public Trustee can act as executor or administrator, although it does not have to accept every estate. It says it no longer charges percentage commissions for new deceased estates.
Time limits to ask about
These are flags, not a calculator, and not advice. Section 7(2) of the Family Provision Act 1972 (WA) says an application for provision is not heard unless it is made within six months from the date on which the administrator becomes entitled to administer the estate in Western Australia, or the court is satisfied that the justice of the case requires that the applicant be given leave to file out of time. That period runs from that date, not from the grant, and the Act does not define the date, so the add-on does not calculate it (read on legislation.wa.gov.au on 3 November 2026). Legal Aid WA describes the limit as six months from the grant, so ask a solicitor which date applies to you.
Section 63 of the Trustees Act 1962 (WA) sets out how a trustee, including a personal representative, can advertise in the Government Gazette and a local newspaper for claims. The time fixed must be not less than one month from the date of the notice, and the section does not apply to Family Provision Act claims (the current version when read on 3 November 2026). Time limits are strict. Get legal advice about your deadlines as soon as you can, and before you distribute anything.
Keep a record
For each step note the date, the document, the reference number and the next action. The WA Add-on (A$19) is a spreadsheet with a WA checklist, a forms register, a notices and key dates tracker, property and vehicle notes and a solicitor question list. It sits beside the All Ends Tied Workbook (A$39), which holds the main asset, debt and contact records for the estate.
For the other states and territories, see executor resources by state.
Common questions
Do I need probate in Western Australia?
The Supreme Court of WA says you will usually need a grant if the person had assets solely in their name in WA, or owned real estate as tenants in common. It says you may not need one for joint tenancy property, joint bank accounts or where the only assets are personal possessions, a car or a motorbike. It recommends contacting each institution to ask what it needs.
How much does probate cost in WA?
The Supreme Court of WA's fee for filing an application for a grant of probate or administration is A$418.00 from 1 July 2026. Unlike some states, it is a single fee rather than a scale based on the estate's value. Fees are reviewed each year, so check the court's fees page.
How long does probate take in WA?
The court says it aims to process applications within four weeks of receiving them, although complex applications may take longer. A requisition (a request for more information) pauses the application until you answer it.
Can I apply for probate in WA without a lawyer?
Yes. The court says you can engage a lawyer or do it yourself, and its Probate Online Application (the Probate Wizard) is designed for applications that are not complex. It suggests legal advice if the wizard does not suit your situation.
Western Australia tabs: official links, checklist, forms register, key-dates tracker, property and vehicle notes and solicitor questions.
Sources
- Supreme Court of WA: What is probate
- Supreme Court of WA: Before applying
- Supreme Court of WA: Preparing your application
- Supreme Court of WA: Probate Online Application (Probate Wizard)
- Supreme Court of WA: Filing with the court
- Supreme Court of WA: Requisitions
- Supreme Court of WA: Probate fees
- Landgate: DEC-01 Deceased proprietor
- Landgate: DEC-03 Transmission applications
- Department of Transport and Major Infrastructure: Deceased estate vehicles
- Public Trustee WA: Manage a deceased estate
- Legal Aid WA: Challenging an unfair will
- Family Provision Act 1972 (WA)
- WA legislation (Trustees Act 1962)