WA Probate Kit

Our WA Probate Kit quickly and easily creates the Western Australian Supreme Court-approved forms required for an application of probate.

Here’s how it works:

  • Up to 3 plaintiffs -usually, the executors or substitute executors – can apply for probate;
  • Applications for Probate can be made on a will (with or without codicils) or a copy of a will (and its codicils, if any);
  • Covers scenarios where up to 2 executors have passed away or renounced probate.

The kit includes the following documents:

  • Motion for a grant of Probate;
  • Affidavit(s) Supporting Probate Application;
  • Inventory of assets and liabilities;
  • Renunciation of Probate, if necessary.

The forms are based on the WA Supreme Court templates and are in line with the relevant Western Australian legislation, being the Administration Act 1903 (WA), Public Trustee Act 1941 (WA) and Non-contentious Probate Rules 1967 (WA).

What is a Grant of Probate?

A Grant of Probate is a legal document that authorises an executor (or executors) to manage the estate of a deceased person in accordance with the provisions of the deceased's will.

You will usually need to apply for a grant of probate if:

  • the deceased had assets in Western Australia at the date of death such as bank accounts, shares or real estate solely in his or her name; or
  • the deceased owned real estate at the date of death as tenants in common with another party.

We recommend you contact the institutions (such as banks, superannuation funds, and insurers) holding the assets.

If there are assets solely in the name of the deceased, the institution will usually tell you whether or not they require a grant of probate to release those assets.

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