Selling a Deceased Estate in WA: What Executors Need to Know

In most cases you need a grant of probate from the Supreme Court of WA before a deceased estate home can settle, unless the home was owned as joint tenants and simply passes to the survivor. You can usually start preparing, and often sign a contract, before the grant arrives, as long as settlement is made conditional on it. Get the paperwork moving first, keep the house insured, and talk to an accountant about the two-year tax window before you set a sale date.

If you are reading this, you have probably lost someone, and now you have been handed a job you never asked for. The honest truth is that the selling part is usually the easy bit. It is the order you do things in that trips people up. Here is how it works in WA, in plain English.

Do you need probate to sell the house?

It depends on how the house was owned. You can check this on the certificate of title.

• Owned solely by the person who died. You will usually need a grant of probate (if there is a will) or letters of administration (if there is not). The grant is the Supreme Court's order giving the executor authority to deal with the property.
• Owned as tenants in common. The deceased's share forms part of the estate, so a grant is usually needed for that share too.
• Owned as joint tenants. The house usually passes straight to the surviving owner without a grant. The survivor then sells it as their own home.

Banks and Landgate will typically want to see the grant before they deal with the property, so without one, a sale cannot complete. If there is no executor, or nobody willing to act, a beneficiary can apply for letters of administration, and the Public Trustee can also act. Your lawyer will tell you which applies.

How long probate takes in WA

The Supreme Court of WA says it aims to process probate applications within four weeks of receiving them, although complex applications can take longer. That is the court's target, not a promise.

The bigger delays usually come from the paperwork. Gathering the original will, the death certificate and a full list of assets and debts takes time, and if the court finds a problem it raises a query (called a requisition) that can add weeks.

Add it up and it is realistic to allow a couple of months from the funeral to having the grant in hand, sometimes much more. Then add a typical 8 to 12 week settlement. Plan around that, not around the best case.

Can you sell before probate is granted?

Often, yes. Many executors list the home, and even sign a contract, before the grant arrives. The key is that settlement cannot happen until the grant is issued, so the contract needs a clause that makes settlement conditional on the grant, with a realistic settlement date.

Get this wrong and you can end up with a buyer who is ready to settle and an estate that legally cannot. Before you sign anything, ask your lawyer or settlement agent to confirm the wording and the timing for your estate. If you are one of two or more executors, you will generally all need to agree to the sale and sign.

My advice: use the waiting time well. Get the appraisal, sort the house, and line up the campaign so you are ready to go the week the grant lands.

The tax window most families miss

This is the one I would put on the fridge. Under the ATO's rules, if the home was the deceased person's main residence and was not being rented out just before they died, the estate or beneficiaries can generally sell it free of capital gains tax if settlement happens within two years of the date of death. Note that it is settlement, not the contract date, that counts.

There are more rules than that. A home bought before 20 September 1985 is treated differently, and the ATO can extend the two years in some circumstances. Have your accountant check your situation before you choose a sale date. Two years goes faster than people think.

Looking after the house in the meantime

Until the estate is wound up, the executor is responsible for protecting its assets, and that includes insuring the house. A vacant home is a different risk to an insurer, so call them straight away, tell them the owner has passed and the house is empty, and check the cover still holds.

Then the practical things:

• Keep the lawns mown and the mail cleared. An empty-looking house invites trouble.
• Keep the power and water on. You will need them for the cleaners, trades and open homes.
• Do not rush to empty the house. Give family time to go through belongings properly. Arguments over a single item can hold up an estate for months.

Preparing the house for sale

Deceased estate homes are often older, lived in for decades and a little tired. That is fine. Buyers expect it. What they do not want is to walk through someone's full life on a Saturday morning.

Clear it out, give it a proper clean, fix what is genuinely broken and get the garden tidy. In most cases that is enough. Spending tens of thousands on a renovation for an estate sale is usually a waste of money, and every month you spend on it eats into that two-year tax window. Get an agent through early to tell you what is worth doing and what to leave.

Also be honest about family expectations. If one beneficiary thinks the house is worth far more than the others do, get two or three written appraisals backed by recent sales nearby. Evidence ends arguments faster than opinions.

Questions sellers ask

Can I sell my parent's house before probate is granted in WA?

You can usually list it and often sign a contract, but settlement cannot happen until the grant of probate or letters of administration is issued. The contract should make settlement conditional on the grant. Confirm the wording with your lawyer or settlement agent before you sign.

How long does probate take in WA?

The Supreme Court of WA aims to process applications within four weeks of receiving them, but complex applications and paperwork queries can take longer. Allow extra time for gathering documents before lodging.

Do I pay capital gains tax when I sell an inherited house?

Often not, if the home was the deceased's main residence, was not producing income just before they died, and settlement happens within two years of the date of death. Other rules apply to homes bought before 20 September 1985. Speak to your accountant before choosing a sale date.

Who signs the contract when selling a deceased estate?

The executor named in the will, or the administrator appointed by the court. If there are two or more executors, they generally need to act together on a sale.

Do I need to renovate a deceased estate before selling?

Usually not. Clear it, clean it, fix what is broken and tidy the garden. Buyers of estate homes expect some work, and a big renovation costs time as well as money.

The honest summary

Selling a deceased estate in WA is not complicated, but it is sequential. Check how the house was owned, get the probate application moving early, keep the house insured and looked after, and know your two-year tax deadline before you set a sale date. Do not over-spend preparing the house, and do not let anyone rush you into decisions while you are grieving.

If you are handling an estate and want a straight read on what the home is worth and what, if anything, is worth doing before it goes to market, I am happy to come out, walk through it with you and put it in writing. No pressure and no obligation.

Book your free appraisal or call me on 0412 028 555. You can also grab the free seller's guide to plan your sale step by step.

This article is general information only and is not legal, tax or financial advice. Estate and tax rules have exceptions, so speak to a WA lawyer, settlement agent and accountant about your situation. Court timeframes are the Supreme Court of WA's stated target at the time of writing.