Deceased Estates

The timeframe varies depending on the size and complexity of the estate. Straightforward estates may be finalised in 6–9 months, while more complex matters involving disputes or large asset pools can take longer. Early legal involvement can help streamline the process and prevent unnecessary delays. Factors like obtaining probate, selling property, locating beneficiaries, or resolving disputes can significantly affect how long the process ultimately takes.

In WA, eligible people (such as spouses, children, or dependants) can challenge a Will if they believe they were unfairly left out or inadequately provided for. Contesting an estate must be done within strict time limits, and legal advice is essential to understand your rights and options. These claims often involve emotional and financial stress, so it’s important to approach them with clear legal guidance and realistic expectations.

Probate is the legal process of validating a Will through the Supreme Court of WA. It confirms the executor’s authority to administer the estate. Probate is typically required when there are significant assets involved, such as real estate or large bank accounts. Our lawyers can help you apply for probate and meet all legal obligations. Delays can occur without probate, as many institutions won’t release funds or transfer ownership until probate has been officially granted.

If there is no Will, the person is considered to have died intestate. The estate is distributed according to the Administration Act 1903 (WA). A family member or eligible person must apply for letters of administration. We can help you understand your rights and responsibilities in these situations. This process can be more complex and time-consuming than probate, particularly if multiple people are eligible to apply or there are disputes.

While it’s not mandatory, getting legal help is strongly recommended especially if the estate is complex, contains disputes, or involves significant assets. A deceased estate lawyer makes sure everything is legally compliant, reducing stress for executors and helping to avoid costly mistakes or delays. Lawyers can also assist with interpreting the Will, resolving conflicts between beneficiaries, and making sure all legal documents are correctly filed and processed.

Estate administration is the legal process of collecting and distributing a deceased person’s assets according to their Will or the laws of intestacy if there is no Will. It involves applying for probate or letters of administration, paying debts, and distributing the estate to beneficiaries. Legal guidance helps make sure this is done correctly and efficiently. It can also involve dealing with superannuation funds, life insurance policies, and tax obligations, depending on the structure and assets of the estate.