Western Australia Probate: Apply, Fees and Contesting a Will

In Western Australia, applying for a deceased estate grant goes through the Supreme Court of Western Australia's probate registry under the Administration Act 1903 (WA). A family provision claim must be filed within 6 months of that grant, under the separate Family Provision Act 1972 (WA).

Information last verified on 20 July 2026. This page presents general legal information, not legal advice.

Jurisdiction scope: This page covers wills, probate, intestacy and family provision law in Western Australia only, under the Wills Act 1970 (WA), the Administration Act 1903 (WA) and the Family Provision Act 1972 (WA). It does not cover any other state or territory, each with its own registry, fees and deadline. This is general information, not advice on your own estate.

Applying for probate in Western Australia

An executor named in a valid will, or another eligible applicant where there is no will, applies for a grant through the Supreme Court of Western Australia's probate registry, based at the David Malcolm Justice Centre in Perth, under the Administration Act 1903 (WA). A valid will with a named executor produces a grant of probate; no valid will, or no executor able to act, means an eligible person applies for letters of administration instead. The application requires the original will (where one exists), the death certificate, and supporting affidavits, filed with the registry with the prescribed fee. The registry issues the grant once satisfied the application is in order and no caveat has been lodged. The grant is the executor's or administrator's authority to collect assets, pay debts, and distribute the estate. Estates worth $10,000 or less can use the simplified process under section 55. See the Australian wills and probate hub and how to apply for probate in Australia.

Probate fees in Western Australia

The Supreme Court of Western Australia charges a flat filing fee for a grant of probate or letters of administration, currently $418.00 for the 2026-27 financial year, regardless of the estate's value. This differs from several other Australian jurisdictions, which charge a tiered fee that rises with the size of the estate. Because the fee is set under the Court's fee schedule and re-indexed periodically, always confirm the current figure against the Supreme Court's published fee schedule rather than an earlier printed figure, since Western Australian court fees typically change on 1 July each year. The filing fee is separate from any professional costs charged by a solicitor or the Public Trustee for preparing and lodging the application. A small-estate application under section 55 of the Administration Act 1903 (WA) still attracts the standard filing fee; the simplification is procedural, not a fee waiver. To compare this flat fee against the tiered fees in the other seven jurisdictions, use the Western Australia probate fee calculator.

Contesting a will in Western Australia: family provision claims

A person who believes a will, or the intestacy rules, did not make adequate provision for them can apply for family provision under the Family Provision Act 1972 (WA), a standalone Act separate from the Administration Act 1903 (WA). Eligible applicants include a spouse or de facto partner, a former spouse or de facto partner entitled to maintenance, a child of the deceased, and certain other dependants the deceased was maintaining. Under section 7(2)(a), the application must be made within 6 months of the date the executor or administrator becomes entitled to administer the estate, that is, from the grant, not the date of death. The Court may extend this in limited circumstances, but a late applicant risks the estate having already been distributed. This grant-based trigger differs from New South Wales and Queensland, which both run their deadlines from the date of death instead. See contesting a will in Australia.

Dying without a will: intestacy in Western Australia

Where a person dies in Western Australia without a valid will, section 14 of the Administration Act 1903 (WA) sets out a table of entitlements governing how the estate is distributed. A surviving spouse or de facto partner receives all household chattels, plus a statutory legacy from the balance of the estate before any remainder is shared with other relatives. Under the Administration (Intestacy Legacy Amounts) Order 2025, made under section 14A, that legacy is currently $546,000 where the deceased leaves a spouse or de facto partner and surviving issue, or $815,500 where the deceased leaves a spouse or de facto partner and a surviving parent, sibling, or a sibling's child, but no issue. Because the Act requires these amounts to be reviewed periodically by ministerial order, confirm the current declared sum with the Department of Justice or a legal practitioner before relying on it, since it can change again.

Making a valid will in Western Australia

A valid will in Western Australia must comply with the formalities in the Wills Act 1970 (WA): it must be in writing, made by a person aged 18 or over (with limited exceptions), signed by the testator, and signed by two witnesses present at the same time who are not beneficiaries. A will that does not meet these formalities is not automatically void. The Supreme Court of Western Australia has a dispensing power that allows it, in limited circumstances, to admit an informal document to probate if satisfied the deceased intended it to be their will. This is not a substitute for making a will correctly; it is a safeguard for genuine errors, and relying on it involves cost, delay, and uncertainty. A will made in Western Australia should be reviewed after major life events such as marriage, divorce, or the birth of a child, since these can affect an earlier will's validity.

Enduring power of attorney and enduring guardianship in Western Australia

Western Australia splits financial and personal decision-making into two separate instruments, both created under the Guardianship and Administration Act 1990 (WA). An enduring power of attorney, made under Part 9, appoints a donee to manage the donor's financial and property affairs, and continues to operate even if the donor later loses legal capacity. It does not authorise the donee to make personal, lifestyle, or medical treatment decisions. Those decisions require a separate instrument, an enduring power of guardianship, made under Part 9A of the same Act, appointing an enduring guardian to make personal and treatment decisions once the donor cannot. A person who wants both covered needs to make both documents; signing one does not create the other. Each instrument has its own eligibility, witnessing and execution requirements, and an enduring power of attorney dealing with land generally needs to be registered with Landgate before use in a land transaction.

Key figures and how Western Australia compares to other states

The table below summarises Western Australia's current probate fee, family provision deadline, and intestacy statutory legacy. Western Australia's 6-month-from-grant deadline sits alongside South Australia and Victoria, which both also run a 6-month deadline from the grant. Tasmania is the sharp outlier, with the shortest family provision deadline in the country at just 3 months from the grant, and a dispensing power requiring proof beyond reasonable doubt, a higher standard than applies in Western Australia. None of these four states run their deadline from the date of death; only New South Wales and Queensland do, so a rule read from either of those two should never be carried across to Western Australia.

See also South Australia probate and Victoria probate, which share the 6-month-from-grant trigger, and Tasmania probate, the country's shortest deadline at 3 months.

This page provides general legal information about wills, probate, intestacy and family provision law in Western Australia. It is not legal advice and does not account for your individual circumstances. Information last verified on 20 July 2026. For advice, consult a legal practitioner admitted in Western Australia, or contact the Supreme Court of Western Australia's probate registry or the Public Trustee of Western Australia.

Frequently Asked Questions

How long do I have to contest a will in Western Australia?

Generally 6 months from the grant of probate or letters of administration, not the date of death, under section 7(2)(a) of the Family Provision Act 1972 (WA). The Court may extend this in limited circumstances.

How much does probate cost in Western Australia?

A flat filing fee of $418.00 for the 2026-27 financial year, regardless of the estate's value. This is separate from any professional costs a solicitor or the Public Trustee may charge.

Do I need probate if there is no will in Western Australia?

Yes, in most cases. An eligible person applies for letters of administration instead, and the estate is distributed under the intestacy table in section 14 of the Administration Act 1903 (WA).

Who can apply for family provision in Western Australia?

A spouse or de facto partner, a former spouse or de facto partner entitled to maintenance, a child of the deceased, and certain other dependants the deceased was maintaining, under the Family Provision Act 1972 (WA).

What does a surviving spouse receive if there is no will in Western Australia?

All household chattels plus a statutory legacy, currently $546,000 with surviving issue, or $815,500 with a surviving parent or sibling but no issue, under the Administration (Intestacy Legacy Amounts) Order 2025.

Is an enduring power of attorney the same as an enduring power of guardianship in Western Australia?

No. An enduring power of attorney (Guardianship and Administration Act 1990 (WA) Part 9) covers financial and property decisions only. Personal and medical treatment decisions need a separate enduring power of guardianship, made under Part 9A.

Can a small estate in Western Australia skip the full probate process?

Estates worth $10,000 or less can use the simplified process under section 55 of the Administration Act 1903 (WA). This is a procedural shortcut, not an exemption from needing a grant.

Does Western Australia's family provision deadline run from the date of death?

No. It runs from the grant of probate or letters of administration. This differs from New South Wales and Queensland, which both calculate their deadlines from the date of death.