Wills & estates
Probate and executor first-steps checklist — WA
Direct answer: An executor should locate the original will, secure estate property, obtain the death certificate, identify assets and debts, keep careful records and determine whether probate is required. Do not distribute estate assets too early; creditor, tax, ownership and potential-claim issues should be assessed first.
Obtain urgent advice if
- the original will is missing, damaged or appears altered;
- there are competing wills or concerns about capacity or pressure;
- no valid will can be located;
- family members dispute the funeral, executor or estate;
- a business, trust, overseas asset or insolvent estate is involved;
- property is uninsured, occupied without agreement or at risk;
- a court or limitation deadline may apply;
- someone is removing assets;
- the executor wants to renounce or cannot act.
Immediate practical steps
- Locate the original will and any codicils.
- Check for funeral wishes without assuming every wish is legally binding.
- Obtain certified death certificates when available.
- Secure the home, vehicles, valuables, mail and important records.
- Maintain appropriate insurance.
- Care for pets and deal with urgent dependants’ needs appropriately.
- Redirect mail where authorised.
- Keep a record of every payment and decision.
- Avoid using the deceased’s bank cards or online credentials without authority.
Identify the legal representative
- Confirm the named executor and substitutes.
- Check whether an executor has died, lacks capacity or wishes to renounce.
- If there is no will, identify who may apply for letters of administration.
- Obtain advice before intermeddling if you may not act.
Build the estate schedule
- Real estate and ownership form.
- Bank accounts and term deposits.
- Shares, investments and cryptocurrency.
- Superannuation and death-benefit nominations.
- Life insurance.
- Vehicles and personal property.
- Companies, trusts and business interests.
- Overseas assets.
- Debts owed to the deceased.
- Mortgages, tax, bills and other liabilities.
- Jointly held property and assets that may pass outside the estate.
Documents to gather
- Original will and identity documents.
- Death certificate.
- Marriage, divorce and family details.
- Title, rates and mortgage records.
- Statements for financial assets and debts.
- Trust, company and partnership documents.
- Tax returns and accountant information.
- Funeral account and estate expenses.
- Beneficiary names, addresses and identity information.
Probate and administration
- Determine whether each institution requires a grant.
- Confirm the correct application: probate or letters of administration.
- Identify signing, affidavit, notice and filing requirements.
- Explain unusual will conditions or missing documents to the lawyer.
- Keep beneficiaries informed without promising a premature distribution date.
Before paying or distributing
- Identify and verify estate debts.
- Consider creditor-advertising and protection steps.
- Obtain tax advice and lodge required returns.
- Resolve ownership and valuation questions.
- Consider possible family-provision or validity claims.
- Obtain asset-sale authority and market evidence where appropriate.
- Prepare estate accounts.
- Retain an appropriate reserve.
- Obtain receipts or releases where advised.
What happens next?
Legal Care Australia can assess the will, advise whether a grant is needed and assist with probate or administration where it accepts the matter.
Client next step: Book a deceased-estate consultation and bring the original will, death certificate if available, an initial asset/liability list and details of any dispute or urgency.
Official information
General information only. Executors can incur personal risk if they deal with an estate incorrectly.