Letters of administration in WA

Updated 20 August 2026 · 7 minute read

When someone dies without a valid will in Western Australia — or the will names no executor able to act — the Supreme Court of Western Australia issues letters of administration instead of probate. The grant does the same job: it gives one person legal authority to collect the assets and distribute the estate.

Who can apply

Priority broadly follows who inherits under intestacy rules: the spouse or de facto partner first, then adult children, then parents, siblings and other next of kin. Where several people have equal priority, the others usually consent to one applying. If nobody suitable applies, a creditor or the Public Trustee can.

How intestacy divides the estate in WA

If there's a surviving spouse or partner and no children from another relationship, the partner generally takes everything. Where there are children of a previous relationship, the partner receives the household chattels, a declared sum of $546,000 (from July 2025) and a third to a half of the remainder depending on the family, with the children sharing the rest. See the full intestacy guide for the no-partner order.

The process and fees

The application follows the same path as probate in WA — with no advertising requirement, you file when ready — with the same filing fees:

Letters of administration use the same registry and similar timeframes; the online wizard covers simple no-will estates too.

Common questions