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What is Probate

The executor must obtain a document called a ‘grant of probate’ and then deal with the estate.
Probate is legal jargon for “proving the Will”.
To prove the Will, your lawyer will lodge:
  • Will
  • death certificate
  • affidavit
  • motion paper
  • other court documents

with the Supreme Court of Western Australia.

The Court often issues requisitions. Requisitions are questions by the Court regarding the application for Probate. The answers to requisitions are  sworn by the applicant before an authorised witness.
The Court cannot issue a grant if the deceased did not leave any property in Western Australia.

How long does it take

It usually takes 3-4 weeks to process the application and before the grant is posted to your lawyer.
If the court has raised a requisition the grant will be delayed until the matters raised have been answered.

For a fixed fee legal service click here.

To see frequently asked questions click here.