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Research in Other Countries => Australia => Topic started by: GeoffTurner on Thursday 06 August 20 22:05 BST (UK)
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Hi all,
Is there a way of accessing basic probate details for a man who died in Gosnells, Western Australia, on 15 Nov 1998? I know some other states have index cards that show the amount of the probate and the tax paid. I am interested to know how much his widow, my cousin who died in 2011, would have received, as her wealth caused ructions within the family (she had 15 children from her first marriage).
David Bruce Alger, who was her second husband, was born at Katanning in 1916 and seems to have lived all his life in WA.
Thanks,
Geoff Turner
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W.A Supreme Court Probate Division likely restricts access to its non historic index cards for WA probates. I am not sure of that state's current time limit period restricting access, but back in 2018 it seemed to me to be 30 years. If so, then 1998 would be within that restricted access timeframe, and so that could restrict access to their index cards.
Perhaps you could enquire by email to the Court?
ADD
Time limited access would be providing privacy of the individuals identified in the probate file/s. Not all Deceased Estates require being proved at a Probate Court.
JM
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W.A Supreme Court Probate Division likely restricts access to its non historic index cards for WA probates. I am not sure of that state's current time limit period restricting access, but back in 2018 it seemed to me to be 30 years. If so, then 1998 would be within that restricted access timeframe, and so that could restrict access to their index cards.
Perhaps you could enquire by email to the Court?
ADD
Time limited access would be providing privacy of the individuals identified in the probate file/s. Not all Deceased Estates require being proved at a Probate Court.
JM
I have added to my post so reposting it on full as your light is currently on
JM
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Thanks JM. I have emailed the Supreme Court probate section as you suggested. If a deceased estate did not require probate I'm not sure how I would find out about that. I thought all wills had to go through that process. It seems unlikely I will be able to see something so recent anyway. Thanks again for your help. Geoff
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Each state has its own parliament, I have a fair understanding for NSW, so may I assure you that private individuals nominated as executors can , in NSW, distribute deceased estates without applying for a grant of probate, particularly if all the real assets were in joint names and the Will nominates by name their living spouse as sole beneficiary.
JM.
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The WA court got back to me:
Once a grant of probate has been issued the grant and will become a public document, with approval from the Registrar any other document can be made available, the entire file itself becomes public after 75 years.
Upon payment of the legislated fee in the amount of $54.00 a search of the court records will be conducted.
For your convenience attached is a search enquiry form, this form can also be found on the court website www.supremecourt.wa.gov.au under probate forms and fees.
Please note that the search fee is payable irrespective of the result.
If a record is found and a grant of probate issued you may purchase a copy for an additional $2.25 per page.
The form allows for credit card details to cover the fees,
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The WA court got back to me:
Once a grant of probate has been issued the grant and will become a public document, with approval from the Registrar any other document can be made available, the entire file itself becomes public after 75 years.
Upon payment of the legislated fee in the amount of $54.00 a search of the court records will be conducted.
For your convenience attached is a search enquiry form, this form can also be found on the court website www.supremecourt.wa.gov.au under probate forms and fees.
Please note that the search fee is payable irrespective of the result.
If a record is found and a grant of probate issued you may purchase a copy for an additional $2.25 per page.
The form allows for credit card details to cover the fees,
Excellent response, it is not yet 9.15 a.m. in Perth.
JM
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Might be worth checking in https://www.slp.wa.gov.au/gazette/gazette.nsf/newsearch and a thorough Google seach . Not that familiar with WA records . At least you have a good surname in ALGER
Bye
Emilipos
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Thanks. I have tried that without success. I think on reflection it will prove to be far too recent. But I will make a note of that link for other occasions. A friend has also suggested the State Records Office might be more user-friendly than the courts, and I have approached them. But I think the answer will eventually be the same there. Oh well, live and learn!
Geoff
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I know there are some differences in State laws. In NSW any will is a public doc after probate. If you type in the deceased name to NSW State Records main page it will tell you if theres a will and often a few other things ( are a few gaps) Do WA archives give similar access ? This bloke d 22 years ago. Their charges seem accessive too .
Bye
Emilypos
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Western Australia's State Records Office got back to me: "Our office does hold probate files (1832-1947) and probates indexes which extend up to 1993, but not after that period."
Our man died in 1998.
Thanks to everyone for your help anyway.
Geoff
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Hi Geoff,
Wills are public docs Probate usually takes roughly 6 months. After that anyone can buy copy. You just need to find whose got copy. Sometimes this can be a challenge !
In Nsw https://www.records.nsw.gov.au/archives/collections-and-research/guides-and-indexes/probate-packets-wills-guide
State records have wills to 1975 . After that its the NSW Supreme Court
Western Aus would have to have a similar system
Is a lot of info in :
https://www.supremecourt.wa.gov.au/W/wills_probate.aspx
Bye
Emilypos