Navigating the complex process of selling a deceased estate in Western Australia?

May 10, 2024 | Blog

As seasoned experts at Team Leader The Agency, we’re here to guide you through every step, making the journey less stressful and more manageable.
If you’ve found yourself as the executor of a deceased estate, it’s a different ball game compared to selling your own home. If there’s no will left behind, your first step should be applying for a Letter of Administration from the Supreme Court of WA. It’s a daunting task, and we strongly advocate for seeking advice from a trusted estate planning lawyer.
In the event of a valid Will where you’re listed as the executor, you can apply for a Grant of Probate via the Supreme Court of WA. This process can take a few months and often requires the expertise of a wills and estate lawyer.
Next, you’ll need to apply to Landgate for a title change into your name as the executor. Once the title is updated, you can proceed with selling the property.
Wondering when to start listing the property for sale? As the executor, you can initiate the process immediately. However, the property cannot settle until your name as the Executor is on the title. It’s possible to kickstart the sales process earlier, like when Probate is granted but titles haven’t been updated. In such cases, a special condition should be included in the sales contract stating the sale is pending the issue of new titles from Landgate. We recommend waiting until Landgate has finalised the name changeover which your settlement agent can assist with.
At Team Leader The Agency, we specialise in selling deceased estate properties. We can help you navigate the challenges of being an executor and connect you with the right experts to simplify this difficult process and getting the property ready for the market with our trusted network.
Selling a deceased estate could also have capital gains implications, depending on when the property was bought and its status (primary residence or investment property). Consult your accountant or an estate lawyer for advice.
At Team Leader The Agency, we have a wealth of experience in facilitating the sale of deceased estates. We can alleviate the stress of being an executor and have access to the right experts to make the process easier for everyone.