What Are Your Legal Duties When Managing a Deceased Estate in WA?

Managing a deceased estate in Western Australia can be emotionally and legally challenging. Whether you’ve been appointed as an executor in a will or you're managing an estate without a will, it’s vital to understand your responsibilities and obligations under WA law.

In this guide, we’ll explore your key legal duties, explain the probate process, and show how working with experienced deceased estate lawyers in Perth can help you manage the estate efficiently and lawfully.

Understanding a Deceased Estate

A deceased estate includes all the assets, debts, and legal responsibilities left behind by someone who has passed away. These may include:

• Real estate

• Bank accounts

• Superannuation

• Personal belongings

• Debts and liabilities

Managing the estate typically involves collecting the assets, paying off debts, and distributing the remainder according to the will — or according to intestacy laws if no will exists.

Who Is Responsible for Managing the Estate?

The person responsible for managing the estate is called the executor (if there’s a will) or the administrator (if there is no will). This role carries significant legal duties and fiduciary responsibilities under WA’s Administration Act 1903.

Legal Duties of an Executor or Administrator in WA

Here are the major legal responsibilities when managing a deceased estate in Western Australia:

1. Locate and Secure the Will

Your first responsibility is to locate the most recent and valid will of the deceased. Once found, the original will should be kept safe and filed with the WA Supreme Court if applying for probate.

If no will exists, the estate is considered "intestate", and the distribution must follow WA’s intestacy rules.

2. Apply for Probate or Letters of Administration

In most cases, you’ll need to apply for probate — a legal document confirming the validity of the will and granting authority to the executor.

If there’s no will, you must apply for letters of administration. In either case, it’s best to consult probate lawyers in Perth to ensure all documentation is correct and submitted on time.

The best probate lawyers in Perth can help you avoid costly delays, rejections, or errors in the application process.

3. Identify and Value Assets

Next, you must identify and document all assets in the deceased estate, including:

• Property titles

• Vehicles

• Bank accounts

• Shares and investments

• Insurance policies

• Superannuation balances

You may need formal valuations for property, especially if there are multiple beneficiaries or complex asset structures.

4. Pay Outstanding Debts and Taxes

Before any distribution can occur, the estate’s debts must be settled. This includes:

• Credit card balances

• Mortgages or loans

• Utility bills

• Funeral expenses

• Income tax and capital gains tax

Executors are also responsible for lodging the final tax return on behalf of the deceased and the estate.

Failing to settle debts before distributing the estate could expose you to personal legal liability — another reason to consult with a deceased estate lawyer in Perth for guidance.

5. Distribute the Estate According to the Will or Law

Once probate is granted and debts are paid, the remaining assets can be distributed to the beneficiaries as outlined in the will.

If there is no will, the estate must be distributed according to intestacy laws, which specify who receives what based on family relationships.

Mismanaging this stage can lead to legal disputes, especially if a beneficiary feels they have been unfairly treated or left out.

6. Keep Detailed Records

As executor or administrator, you are required to keep accurate records of:

• Income and expenses

• Asset valuations and distributions

• Debt payments

• Correspondence with beneficiaries and authorities

Good record-keeping protects you from legal issues and helps you respond to questions or disputes.

7. Respond to Contested Wills or Disputes

Unfortunately, not all estates are straightforward. If someone challenges the validity of the will or lodges a Family Provision Act claim, you’ll need to defend the estate.

In such cases, working with experienced deceased estate lawyers in Perth is essential. They can represent you in mediation or court, and help protect the estate and your role as executor.

When to Hire a Deceased Estate Lawyer

Here are some common scenarios where you should consult a deceased estate lawyer:

• The estate is large or complex

• There are disputes among beneficiaries

• There is no will (intestacy)

• You are unsure of how to apply for probate

• A family member is contesting the will

• The estate involves interstate or overseas assets

• You're concerned about personal legal liability

The best probate lawyers in Perth can guide you through every step of the process, ensuring all duties are met, and helping you avoid mistakes that could delay or jeopardise the estate's distribution.

Benefits of Working with Probate Lawyers in Perth

Hiring qualified probate lawyers in Perth provides peace of mind and ensures the estate is handled professionally. Some key advantages include:

•  Legal guidance through complex probate processes

•  Reduced risk of executor liability

•  Faster resolution of disputes

•  Clear communication with beneficiaries

•  Support with tax and financial matters

•  Compliance with WA succession laws

Final Thoughts

Acting as an executor or administrator of a deceased estate in WA carries significant responsibilities. From locating the will and applying for probate, to settling debts and distributing assets — every step must be handled with care and legal compliance.

Working with knowledgeable deceased estate lawyers in Perth ensures you don’t navigate this complex process alone. If you’re managing an estate, need probate assistance, or face a legal dispute, don’t hesitate to speak to the best probate lawyers in Perth.

Ready to Get Legal Support?

Contact our team of deceased estate lawyers in Perth for expert advice, probate application support, or assistance managing a complex estate. We’re here to help you fulfil your legal duties with clarity, confidence, and care.