Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the deceased left a valid, signed will and you are the named executor applying for a standard grant of probate. This is the most common probate application - the will is not being contested and there are no complications with the executor's appointment. Open this fork once you have confirmed the will is original, properly signed and witnessed, and the named executor is willing and able to act.
Jurisdiction: Supreme Court probate registry for the relevant state (NSW, VIC, or WA depending on where the deceased was domiciled at death and where the majority of assets are located).
The Process at a Glance: Obtain the original will and the official death certificate. Prepare an inventory of the estate assets (real property, bank accounts, shares, vehicles, personal effects) and debts. Complete the application form and supporting affidavit sworn by the executor. Lodge the application and pay the filing fee. The registry examines the documents, may issue a requisition if anything is missing, and then issues the grant of probate. Use the sealed grant to unlock estate assets.
Key Legislation and Case Law: NSW - Probate and Administration Act 1898 (NSW), Supreme Court (Probate) Rules 2018 (NSW), NSW Probate forms. VIC - Administration and Probate Act 1958 (VIC), RedCrest portal. WA - Administration Act 1903 (WA), Non-Contentious Probate Rules 1967 (WA), Supreme Court WA. Filing fees are assessed on the gross estate value. The will must comply with formal validity requirements under the applicable state Succession Act.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Probate (Executor) - Standard Probate Application (Valid Will) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Verify original Will, confirm executor details, complete 100-point ID, and advertise notice of intention on Supreme Court portal.
Publish creditor notices in local newspaper and WA Government Gazette, and complete comprehensive asset and liability searches.
Draft Form 12 Motion, Form 13 Executor Affidavit, and Inventory of Assets.
File the application at the Probate Office, resolve any requisitions, and obtain the sealed Grant.
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