Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when the deceased died without leaving a valid will in Western Australia, leaving an estate that must be administered. This plan assists the next of kin in applying for a Grant of Letters of Administration to manage and distribute the deceased's assets. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Jurisdiction: Supreme Court of Western Australia (Probate Registry). The registry requires physical and digital filings. Verify current guidelines on the official .
Confirm next of kin standing.
The Process at a Glance: Establish that no valid will exists and identify the person with priority to apply, typically the surviving spouse, de facto partner, or children. Verify the deceased's marital history and search the registry will bank. Publish the online notice of intention to apply and wait the 14 clear days. Draft the motion, affidavit of applicant, and statement of assets. File digitally on the eCourts portal, pay the fee, and post the death certificate and original search certificates. Administer the estate according to statutory intestacy rules. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: The administration and priority of next of kin are regulated by Section 14 of the Administration Act 1903 (WA). Marital status and de facto relationships are assessed under the Family Court Act 1997 (WA). Caveat procedures under Rule 33 of the Non-Contentious Probate Rules 1967 (WA) can halt non-contentious filings. The filing fee is $408.00 effective 1 July 2025. Official guidelines are on the WA Probate site.
* 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 Wills & Estates: Uncontested Probate - Western Australia (Executor) - Letters of Administration (Intestacy) - WA 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 all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Confirm intestacy status.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Publish compliant portal advertisement.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.