When a loved one passes away, managing their estate can feel overwhelming especially during a time of grief. In Western Australia, estate administration is the legal process of collecting, managing, and distributing a deceased person’s assets in accordance with their Will or, if there is no Will, under the laws of intestacy.
At Samps Legal, we guide families through this process with clarity, compassion, and efficiency.
What Is Estate Administration?
Estate administration involves:
- Identifying and securing the deceased’s assets
- Paying outstanding debts and liabilities
- Distributing the remaining estate to beneficiaries
- Finalising tax obligations and legal responsibilities
The process varies depending on whether the deceased left a valid Will and whether an executor has been appointed.
Probate vs Letters of Administration
In WA, the Supreme Court must grant legal authority to manage the estate:
- Grant of Probate: Issued when there is a valid Will and a named executor willing and able to act
- Letters of Administration: Required when there is no Will, or the executor is unable or unwilling to act
These grants allow the executor or administrator to access bank accounts, transfer property, and deal with other assets.
Key Responsibilities of an Executor or Administrator
Once appointed, the executor or administrator must:
- Notify beneficiaries and relevant institutions
- Collect and value assets
- Pay debts, including funeral expenses and taxes
- Distribute the estate according to the Will or intestacy laws
- Keep detailed records and provide transparency to beneficiaries
This role carries legal obligations, and mistakes can lead to personal liability, so professional guidance is often essential.
Common Assets in WA Estates
Estate assets may include:
- Real estate and vehicles
- Bank accounts and investments
- Superannuation death benefits
- Personal belongings and digital assets
- Refundable aged care accommodation bonds
Some assets, such as jointly owned property or superannuation with binding nominations, may fall outside the estate and require separate handling.
How Samps Legal Can Help
At Samps Legal, we offer tailored estate administration services, including:
- Preparing and lodging probate or administration applications
- Advising executors and administrators on their duties
- Managing complex estates, including disputes or missing beneficiaries
- Liaising with financial institutions, the ATO, and aged care providers
- Ensuring timely and compliant distribution of assets
Whether you need full administration support or guidance on specific tasks, we’re here to ease the burden and protect your loved one’s legacy.