What Is Probate and Why Is It Necessary?
Probate is the legal process of confirming that a deceased person’s will is valid and granting the executor the authority to administer the estate. This process ensures that the deceased’s assets, such as real estate, bank accounts, and personal possessions, are distributed according to their wishes.
In Western Australia, probate is typically required when a person dies owning significant assets solely in their name, such as real property or substantial financial holdings. Probate is not necessary for jointly owned assets as those assets automatically pass to the surviving owner.
However, probate can be complicated, and it’s often best to seek expert legal advice to avoid delays or mistakes that can prolong the process.
How Long Does It Take to Grant Probate and What Factors Affect the Timeline?
On average, it takes between six to eight weeks to grant probate in Western Australia from the time that the application is lodged, but this can vary depending on factors such as:
- The size and complexity of the deceased’s estate.
- Whether all the required documentation, such as the original will and death certificate, is provided promptly.
- If there are any challenges or disputes regarding the will.
- The involvement of multiple beneficiaries or large financial estates, which may require extra attention.
Delays in the process can lead to frustration and financial strain for beneficiaries, which is why working with a lawyer experienced in probate can make a big difference. At Lotus Legal, our team can manage these complexities and help you avoid unnecessary delays.
How Much Does It Cost to Obtain Probate in WA?
The cost of obtaining probate in Western Australia can vary, depending on the size of the deceased’s estate and the complexity of their assets. Costs typically include:
- Court filing fees: As of now, the court filing fee is $408 for probate applications in WA, but this can change.
- Legal fees: These vary depending on the estate’s complexity and whether there are any complications or challenges.
- Other expenses: These may include the cost of gathering documents, such as the original death certificate, and valuing property or assets.
For a more accurate understanding of costs, it’s always best to consult with a lawyer.
How to Find Out If a Will Was Probated
If you’re unsure whether a will has been probated, you can search the Supreme Court of Western Australia’s probate registry. Probate records are publicly accessible, allowing anyone to confirm whether probate was granted for a particular estate. This can be useful if you’re trying to settle matters regarding a deceased’s assets.
You can also contact our legal team at Lotus Legal for help with this process, especially if you’re dealing with more complex estate matters.
What Happens After You Get Probate?
Once probate is granted, the executor has legal authority to:
- Settle any debts and liabilities of the estate, such as paying off mortgages, loans, or funeral costs.
- Distribute the remaining assets, including property, bank accounts, and personal property, to the beneficiaries named in the will.
- Handle any outstanding issues related to superannuation funds or joint tenant matters.
The executor’s responsibilities are serious, and mistakes can have significant consequences. If you’re an executor managing a large or complicated estate, it’s advisable to seek legal assistance to ensure that everything is handled correctly. Our legal experts at Lotus Legal can guide you through the responsibilities and ensure all administration expenses are handled smoothly.
Common Mistakes to Avoid When Applying for Probate
Applying for probate without legal help can lead to costly mistakes, such as:
- Not gathering all required documents: Missing key documents, such as the original will or death certificate, can delay the process.
- Misinterpreting the will: A will may not be as straightforward as it seems, especially if there are multiple beneficiaries or disputes over the distribution of assets.
- Failure to address debts: Executors must ensure the estate’s debts and liabilities are settled before distributing any assets. Failure to do so can lead to personal liability for outstanding debts.
- Not consulting legal experts: Handling probate without professional guidance can expose you to errors and challenges that may be avoided with the help of a lawyer.
To avoid these pitfalls, it’s always best to reach out to an experienced probate lawyer, like those at Lotus Legal, who can make sure the process runs smoothly.
Do You Need a Lawyer to Apply for Probate?
While it is possible to apply for probate without a lawyer, doing so can be risky, especially with larger or more complex estates. The probate process can be confusing and time-consuming, and mistakes can lead to delays, disputes, and even personal liability for executors.
At Lotus Legal, we have extensive experience helping clients navigate the probate process, ensuring that the deceased’s estate is administered efficiently and in line with the law. Whether you’re an executor or a beneficiary, we can assist you every step of the way.
If you have any questions or need assistance applying for probate, contact Lotus Legal on (08) 9305 9529 or submit a form. Our experienced team is here to provide the support you need to handle probate matters with confidence.