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Probate is the legal process to validate a will. Executors should make an application to the Supreme Court of Western Australia 14 days or more after death. If there are no assets in WA, probate will not be granted.
The executor must satisfy the court:
- it is the final will of the deceased
- the person was at least 18 when signing the will, of sound mind and not subject to undue influence
- the will was signed as required by law.
You can either get a lawyer to file the application or you can do it yourself. Advice on what you need before applying is available on the Supreme Court website, along with how to prepare your application.