Can I Submit Probate Applications Online in Western Australia? A Complete Guide

A person usually drafts a will that states the distribution of their assets according to their wishes, in case of incapacity or death. An executor is appointed to administer the will after the testator has passed away. However, before they take any action based on the instructions stated in the will, a consultation with probate lawyers Perth is important to submit a legal form and receive confirmation from the Supreme Court of Western Australia that a will is valid.

Types of Probate Submissions Method

Without an official confirmation from the Supreme Court, the executor is powerless to act. As a result, the instructions of the will cannot be executed, leading to disputes among the beneficiaries. Hence, probate’s legal services Perth suggest two effective methods for obtaining the legal sanctioning of the authority to administer a will.

Online Probate Application

With the advent of digital platforms, you can submit a probate application WA from anywhere, even outside Australia. This opens new avenues for a swift and efficient confirmation of a will within a convenient processing time.

• Preparation of the Relevant Documents: The first step of the executor for how to submit probate applications online in WA is to gather the required documents, which include the will and a certified copy of the death certificate of the testator. A list of the assets and liabilities is carefully made, and codicils are also attached if they are applicable.
• Sworn Statement of the Executor: Before submitting the relevant document, the executor must make a declaration that they are legally bound to execute the contents of the will truthfully in the presence of a Justice of the Peace, Lawyer, Public Notary or Court Registrar.
• Creation of an Account on the eCourts Portal: The eCourts portal is a state-based portal handling the regional jurisdiction of Western Australia. Create an official account on that online platform and select the “Probate” section. Complete the questionnaire stating the details about the deceased, and the executor uploads the scanned PDF documents of the will and estate information.
• Lodge the Application: A filing amount is deducted through your credit card or court payment gateway. In addition to that, the scanned affidavit of the executor, which documents the sworn statement, is sent along with the inventory of the property. After completing the procedure, one should await notification regarding the Grant of Probate.

Offline Probate Application

Regarding offline submissions, the application is lodged at the probate office with the help of probate lawyers Perth WA or by post. The legal documents are hand-delivered, and the executor is sworn in. The affidavit statement is handed physically to the Court, and the necessary payment is made by cheque or money order.

Why is a Probate Required?

The application for probate Western Australia is necessary not only because it authorises the executor to act in accordance with the will of the testator, but also because it signifies the sanctioning of many legal proceedings governed by various Laws.

• Transfer of Land Act 1893: It deals with the ownership of real estate, tenant lease agreements and mortgage rates. To transfer the ownership of any land, Landgate needs to see an official Grant of Probate, authenticating the validation of a will.
• Bank: To distribute the personal account holdings of the testator to his beneficiaries, the bank needs to see if the will of the original account holder is valid or not. This is applicable if the required transactions cross a certain threshold, depending on the bank policy.
• Superannuation Guarantee (Administration) Act 1992: Under this Act, employers of a recognised company must contribute a part of their savings to a super trust. These funds can be accessed once they retire. To authorise a Binding Death Benefit Nomination (BDBN) directing allocation of insurance funds to a nominated individual, a grant of probate is needed.
• Share Registries: If the testator had shares in a company, deceased estate lawyers Perth are consulted to determine the transfer or selling price of the shares and release proceeds to the assigned estate of the testator. These official processes can only be executed when a probate is issued.

Conclusion

The execution of a will depends on the official grant of probate. Sometimes, the executor or the person responsible for administering the will may be overseas, for which online probate services in WA become a huge advantage. For further clarification on this matter, expert deceased estate lawyers Perth should be consulted, who ensure a smooth process in obtaining a probate.