DECEASED ESTATE SETTLEMENTS

Yes. In most cases, probate or letters of administration must be granted before a deceased estate property can be legally transferred. Probate is the court’s confirmation that the will is valid and the executor has authority to deal with the estate. Without it, Landgate will not process the transfer. There are limited exceptions, such as when a property is owned jointly and automatically passes to the surviving owner, but for most estates probate is required.

Probate is granted by the Supreme Court when there is a valid will that names an executor. It gives the executor legal authority to manage and distribute the deceased’s estate, including property. Letters of administration are granted when there is no will, or the named executor cannot act. In this case, the court appoints an administrator to handle the estate. Both documents serve a similar purpose — authorising someone to legally deal with the estate — but they apply in different circumstances.

Only the executor named in the will, or the administrator appointed by the Supreme Court (if there is no valid will), has the authority to instruct a settlement agent. If there are multiple executors, they must all act together unless one has formally renounced their role. We work directly with executors or administrators to make sure the correct instructions and signatures are provided, preventing delays in the process.

Yes. If there is more than one executor named in the will, all executors must sign the property transfer documents, unless one has formally renounced their role. This ensures the estate is administered according to the law and the wishes of the deceased. We guide executors through this process, making sure all signatures and documents are collected correctly to avoid delays.

A property can be placed on the market and even go under contract before probate or letters of administration are granted. However, the sale cannot be settled or finalised until probate or administration is in place. This is because the executor or administrator must have legal authority to transfer ownership. We help executors coordinate the timing between the court process and the property sale, so once probate is granted, the settlement can proceed without unnecessary delays.

Yes. If the property still has a mortgage, we will liaise with the lender as part of the settlement process. This involves the executor completing a discharge request authority with the involved bank. We coordinate directly with the bank to make sure everything is ready for settlement and the transfer of ownership can proceed smoothly.

In most cases, no. Transfers of property from a deceased estate to a beneficiary named in the will (or next of kin if there is no will) are generally exempt from stamp duty in WA. However, if the property is being transferred outside of the terms of the will — for example, sold to someone else — then stamp duty may apply. We help ensure the correct exemptions or concessions are claimed to minimise costs to the estate.

The timeframe depends on how quickly probate or letters of administration are granted by the Supreme Court, as this step must be completed before the property can be transferred. Once probate is in place and all required documents are ready, the transfer process itself can usually be finalised within a few weeks. Our role is to keep the process moving, coordinate with all parties, and make sure everything is completed as efficiently as possible.