Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a deceased person has left a will and you have been appointed as executor, or when someone has died without a will and an eligible person needs to administer the estate. This plan covers the court process for obtaining a formal grant of probate (where there is a will) or letters of administration (where there is no will), which is the legal authority required before you can collect assets, pay debts, and distribute the estate to beneficiaries. Open this plan at the first client meeting once you have confirmed who died, whether a will exists, and who is applying to administer the estate. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Jurisdiction: Supreme Court of New South Wales (Probate Division), Supreme Court of Victoria (RedCrest online filing system), and Supreme Court of Western Australia (Probate Office). Forks cover the three most common application types for each state: standard probate with a valid will, letters of administration on intestacy, and letters of administration with the will annexed (where the named executor cannot or will not act). An additional fork covers correcting requisitions issued by the probate registry.
Use this fork when the deceased died without a will (intestate) and an eligible person - usually the surviving spouse, de facto partner, or adult children - is applying to administer the estate. Without a will, no executor has been named, so the court grants letters of administration to authorise the applicant to collect assets and distribute them according to the statutory intestacy rules. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Use this fork when the probate registry has issued a requisition - a formal notice listing deficiencies in the filed application that must be corrected before the grant will issue. Requisitions are common and do not mean the application has been refused; they simply require you to provide additional documents, correct errors, or clarify information. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
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. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Use this fork when there is a valid will but the named executor is unable or unwilling to act - for example, the executor has died, lacks capacity, renounced probate, or is an infant. In this situation, a different person (usually a beneficiary or the Public Trustee) applies for letters of administration with the will annexed, which grants them authority to administer the estate in accordance with the will's terms. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
The Process at a Glance: Gather the original will, death certificate, and an inventory of the estate assets and liabilities. Lodge the application in the correct state Supreme Court - online via the relevant court portal. Pay the filing fee (scaled to the estate value). The court examines the application and, if satisfied, issues the grant of probate or letters of administration. Once the grant is obtained, use it to notify banks, Titles Office, and other asset holders. Collect and consolidate estate assets into the estate account. Pay all debts, funeral expenses, and legal costs. Distribute the remaining assets to beneficiaries in accordance with the will or the intestacy rules. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: Probate and Administration Act 1898 (NSW) and Supreme Court (Probate) Rules 2018 (NSW) for NSW applications; Administration and Probate Act 1958 (VIC) and RedCrest filing portal for VIC; Administration Act 1903 (WA) and Supreme Court WA Probate Office for WA. Filing fees are assessed on the gross value of the NSW estate under the Supreme Court (Corporations) Rules 1999. The executor's duty to administer promptly and account to beneficiaries derives from general equity principles. Letters of administration on intestacy are distributed according to the intestacy provisions of the Succession Act 2006 (NSW), Administration and Probate Act 1958 (VIC), or Administration Act 1903 (WA) as applicable.
* 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.
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 - unlike some jurisdictions, WA requires BOTH publications, not just the Gazette. This protects the executor from personal liability for unknown creditor claims after distribution.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
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.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.