Letters of Administration in Western Australia

Court Filing Fees for Letters of Administration in Western Australia

The Supreme Court of Western Australia charges a flat filing fee for Letters of Administration applications, regardless of the value of the estate. This makes Western Australia one of the most affordable states for court filing fees.

Unlike most other Australian states, the filing fee in Western Australia does not vary based on the total value of the estate.

Administration Bond

In Western Australia, administration bonds are not a blanket requirement. The Registrar may require a guarantee only in specific circumstances, such as where the applicant resides outside Western Australia, a beneficiary is a minor or lacks capacity, or where special circumstances warrant it. In most straightforward cases where all beneficiaries are adults with full capacity, no bond is required.

Who Can Apply for Letters of Administration in Western Australia

Under the Administration Act 1903 (WA), the following persons may apply for Letters of Administration, in order of priority:

1. Surviving spouse or de facto partner

   The spouse or de facto partner of the deceased has first priority to apply.

2. Children of the deceased

   If there is no surviving spouse, the deceased's children may apply.

3. Parents of the deceased

   Parents may apply if there is no surviving spouse or children.

4. Siblings of the deceased

   Brothers and sisters may apply if no higher-priority applicant is available.

5. Grandparents of the deceased

   Grandparents may apply in the absence of closer relatives.

6. Aunts, uncles, and their descendants

   Extended family may apply if no closer relatives are available or willing.

7. Any other person the court considers appropriate

   Including creditors, where no closer relative is available or willing to apply.

If the person with the highest priority does not wish to apply, they must file a formal renunciation of their right to the grant.

The Application Process in Western Australia

The application process involves the following steps:

1. Obtain the death certificate

   You will need an official death certificate from the WA Registry of Births, Deaths and Marriages.

2. Identify the estate assets and liabilities

   Compile a comprehensive inventory of all assets and liabilities of the deceased.

3. Complete the required court forms

   Prepare the application for a grant of letters of administration, the supporting affidavit, and the schedule of assets and liabilities.

4. Wait the required period

   An application cannot be made until at least 14 days after the date of death. Western Australia does not require publication of a Notice of Intention to Apply, unlike most other states.

5. File the application

   Lodge the completed documents with the Probate Registry of the Supreme Court of Western Australia.

6. Court processing

   The Probate Registry reviews the application. If satisfied, the grant is issued without a hearing.

Distribution of the Estate

Once the grant is issued, the administrator must distribute the estate according to the intestacy rules set out in the Administration Act 1903 (WA). The surviving spouse or de facto partner generally receives a statutory legacy and a share of the residuary estate, with children sharing the remainder.

Required Forms for Letters of Administration in Western Australia

The following forms are required for a Letters of Administration application in Western Australia:

• Application for Grant of Letters of Administration: The principal court document initiating the application.
• Affidavit of Applicant: A sworn statement by the applicant detailing the death, the intestacy, the applicant's relationship to the deceased, and relevant estate information.
• Schedule of Assets and Liabilities: A detailed inventory of all estate assets and liabilities with their estimated values.
• Death Certificate: A certified copy of the death certificate.
• Renunciation: If a person with higher priority has renounced their right to apply.
• Administration Bond: Only required in specific circumstances (e.g. applicant is non-resident, or a beneficiary is a minor or lacks capacity). Includes the bond form and any surety documentation.

Forms can be downloaded from the Supreme Court of Western Australia website. All affidavits must be sworn before a commissioner for oaths, justice of the peace, or solicitor.

Processing Times for Letters of Administration in Western Australia

The timeline for obtaining Letters of Administration in Western Australia is generally as follows:

• Preparation of documents: 1 to 3 weeks, depending on the complexity of the estate.
• Waiting period: At least 14 days must pass after the date of death before the application can be filed.
• Court processing: The Probate Registry typically takes 6 to 12 weeks to process an application after filing.
• Total estimated timeframe: 8 to 16 weeks from start to grant.