Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the step-by-step practitioner roadmap for managing uncontested probate applications in Western Australia. Tailored explicitly for wills and estates lawyers, probate clerks, and estate administrators, this guide covers the full lifecycle from initial retainer through to estate distribution. Additional procedural resources can be found on the WA Government Portal and the Western Australia Legislation Registry.
Jurisdiction: This guide applies to desk applications filed in the Probate Office of the Supreme Court of Western Australia (Level 11, David Malcolm Justice Centre, 28 Barrack Street, Perth WA 6000), Australia. Verify current guidelines on the official Western Australia Legislation Registry.
Key Case Law: Te Paa v Evans [2026] WASC 214 (informal will - unsigned solicitor's copy of draft admitted to probate where deceased expressed satisfaction before unexpected death; Whitby J). KT v MA [2025] WASC 150 (statutory will approved for 83-year-old with advanced dementia - discretionary testamentary trusts approved by Hill J). Additional procedural resources can be found on the and the .
Governing Legislation: Administration Act 1903 (WA) (as amended by Administration Amendment Act 2022), Non-Contentious Probate Rules 1967 (WA) (as amended by Non-Contentious Probate (Amendment) Rules 2025 which covers effective 3 November 2025 which covers new priority orders for Registrar/District Judge), Wills Act 1970 (WA) (s 8 execution requirements which covers WA uniquely allows beneficiaries/spouses to witness; s 32 informal wills dispensing power), Trustees Act 1962 (WA) (s 63 creditor protection notice), Family Provision Act 1972 (WA) (6-month claim period from grant which covers strict limitation).
Current Thresholds (2025-26 FY): Filing fee: $408 FLAT (not estate-value based - unlike VIC/NSW). Intestacy legacy amounts (Administration (Intestacy Legacy Amounts) Order 2025, effective 5 July 2025): $546,000 (spouse with children), $815,500 (spouse without children), $65,500 (surviving parents). Caveats: 6-month duration, no filing fee. Passing of accounts: Rule 37, Form 4, within 12 months of grant, protection after 3 years. Legal costs: per Legal Profession (Non-contentious Probate) Determination 2025 (effective 1 July 2025). Additional procedural resources can be found on the WA Government Portal and the Western Australia Legislation Registry.
The Process at a Glance: WA probate involves:, executing a retainer and verifying the executor's identity (100-point ID check), inspecting the original Will for condition and validity, conducting comprehensive asset and liability searches (Landgate, ASIC, banks, superannuation funds), obtaining the death certificate, publishing a Notice of Intention to Apply on the WA Supreme Court online portal (14 clear days), filing the application at the Probate Office (filing fee $408 flat), obtaining the sealed Grant (processing approximately 4-8 weeks), calling in assets, distributing the estate after the 6-month family provision claim period.
* 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) 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.
Execute retainer, verify executor identity (100-point ID), inspect original Will condition, and conduct comprehensive asset and liability searches.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
An executor who has already intermeddled (begun acting) requires Supreme Court permission to resign under the ***Administration Act 1903 (WA)***.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Publish Notice of Intention to Apply on WA Supreme Court portal, publish creditor notice in local newspaper and WA Government Gazette under Trustees Act 1962 s 63.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Draft Form 12 Motion for Probate and Form 13 Executor Affidavit with Inventory of Assets, and execute all documents.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Publishing in both a local newspaper AND the WA Government Gazette is required under ***Trustees Act 1962 (WA)*** s 63
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.