A Compassionate Guide
Selling the property of a loved one is an emotional and often overwhelming experience. On top of grieving, there’s the added stress of handling legalities and paperwork. As someone who has recently gone through this process, I understand firsthand how much is involved. My goal is to pass on what I’ve learned, in the hope that it might make this difficult time a little easier for you.
Step 1: Determine if There’s a Will
The first step is to find out if your loved one left a Will and who the nominated Executor is. The Executor is responsible for managing the estate, including selling any property.
If there’s no Will, you’ll need to apply to the Supreme Court for a Letter of Administration. This allows someone to be appointed to manage the estate. It’s highly recommended to seek legal advice during this process. You can reach out to services like the Citizens Advice Bureau or contact a specialised lawyer through Legal Aid WA.
Once you have a Letter of Administration, you can nominate an Executor to handle the sale of the property and apply for a Grant of Probate, which authorises you to act on behalf of the deceased. Keep in mind, this needs to be done within six months of the date of death. Delays beyond that time require an affidavit explaining why.
If the process feels too much to handle alone, you can always ask the Public Trustee to oversee the estate.
Step 2: If There is a Will
If your loved one did have a Will, the Executor can apply for a Grant of Probate here. The application is submitted through an online portal, where you can start and save it as you gather the necessary information.
Some important documents you’ll need in preparation:
- A Statement of Assets and Liabilities
- An Affidavit signed by a Justice of the Peace
- The original death certificate (make a photocopy, as the original will be kept)
- The original Will (also photocopy for your records)
Although many people hire a Wills & Estate Lawyer to help navigate this process, it is possible to do it on your own if you are organised. Once your application is complete, print it, sign it, and have it witnessed. You will then need to lodge it with the $370 fee at the Supreme Court, 28 Barrack St, Perth.
Be prepared: once lodged, it can take several weeks or months to get a response. Typically, the process takes 3–6 weeks if everything is submitted perfectly, but if there are any questions or additional requirements, the court will contact you.
Step 3: Handling the Property Sale
After you receive the Grant of Probate, you’ll need to apply to Landgate for a change of name on the property’s title to the Executors. To avoid elevating your stress levels, I strongly advise engaging a settlement agent to help with this phase.
Once the name change is lodged, you can begin advertising the property for sale. However, if you receive an offer before the title has been updated, it’s crucial to add a special condition to the sale contract. This clause should state that the offer is contingent on the successful title change with Landgate. Without the updated title, the sale cannot proceed to settlement, and failing to include this clause may result in penalties to the seller.
Although it’s generally best to wait until the title is officially changed, it is possible to begin the sales process before then, as long as you’re clear about the steps involved.
Final Thoughts
As a local real estate agent who has worked with families selling deceased estates, including my own, I acknowledge how complex and emotionally draining this process can be. My aim is to help you feel informed and supported, knowing that you’re making the right decisions during this challenging life stage. Please don’t hesitate to reach out if you need any further guidance or assistance.
