Preparing Your Deceased Estate for Sale in WA: A Professional Guide

February 17, 2026    admin

Selling property from a deceased estate in Western Australia is rarely straightforward. Even when the will is clear and family members are aligned, the process tends to feel heavier than a standard property sale. There’s paperwork, legal responsibility, emotional weight, and usually a long list of unanswered questions.

Many executors and beneficiaries start out thinking the process will be simple. In practice, it often takes longer than expected, costs more than planned, and involves tax considerations people didn’t even know existed. This guide is written to help Australians especially those in WA understand what’s involved when preparing a deceased estate for sale and how to approach it carefully, professionally, and with fewer surprises.

Understanding What a Deceased Estate Is

A deceased estate refers to everything a person owned at the time of their death. This usually includes property, bank accounts, investments, personal belongings, and sometimes business interests. Until the estate is fully administered, those assets don’t belong to the beneficiaries yet they sit under the control of the executor or administrator.

Property is often the most valuable part of an estate, which is why selling it attracts extra attention from the ATO, financial institutions, and sometimes family members with different expectations.

Who Has the Legal Authority to Sell the Property?

Only the legally appointed executor (named in the will) or administrator (if there is no will) has the authority to deal with estate assets. Beneficiaries cannot sell or transfer property themselves, even if they are entitled to it eventually.

If you’re unsure whether you’re allowed to proceed, this is usually the first moment people seek advice from an accountant in perth or legal professional to avoid mistakes that can’t easily be undone.

Probate and Letters of Administration in WA

In Western Australia, probate confirms the validity of a will and gives the executor authority to act. If there is no will, Letters of Administration are required instead.

In most cases, the property cannot be sold until probate or administration is granted. There are rare exceptions, but relying on them without professional advice is risky.

Probate delays are common, especially if:

  • the will is outdated
  • assets are complex
  • beneficiaries live overseas
  • disputes arise

Planning for these delays early can reduce stress later.

Getting the Property Ready for Sale

Preparing an estate property is not just about presentation. Executors also need to consider insurance, security, utilities, and ongoing maintenance.

Vacant properties are vulnerable. Many estates suffer unnecessary losses due to break-ins, water damage, or expired insurance policies. These costs ultimately reduce what beneficiaries receive.

Cleaning, minor repairs, and professional styling are usually worthwhile, but executors should document every expense carefully. These records may become relevant later when calculating tax returns after death.

Valuations and Record-Keeping: Why They Matter

A professional market valuation at the date of death is one of the most important steps in the process. This value often becomes the cost base for capital gains tax calculations when the property is sold.

Without proper documentation, executors may struggle later particularly if the sale happens years after death.

This is one reason many estates engage a Deceased Estate accountant perth early, even before the property is listed.

Tax Responsibilities After Death

Tax does not end when someone passes away. In fact, it often becomes more complicated.

The executor is responsible for:

  • lodging the deceased’s final individual tax return
  • lodging estate tax returns (if required)
  • ensuring income earned by the estate is reported correctly

In some situations, especially where the deceased had business interests, a bas accountant perth may be required to manage outstanding obligations.

Capital Gains Tax and Deceased Property

Capital gains tax (CGT) rules for deceased estates are complex but manageable when understood early.

In simple terms:

  • If the property was the deceased’s main residence, CGT may be reduced or eliminated
  • Timing matters selling within certain periods can reduce tax
  • Investment properties usually trigger CGT

Errors here can be costly. This is often where executors realise the cost to hire a tax accountant is far lower than the cost of getting it wrong.

Selling an Estate Property with Overseas Beneficiaries

When beneficiaries live outside Australia, additional layers apply. Withholding rules, foreign resident tax obligations, and reporting requirements may come into play.

In these cases, guidance from an expat tax accountant perth becomes particularly valuable, especially if the estate has rental income or long settlement periods.

Many executors underestimate how much time international coordination adds to the process.

Common Mistakes Executors Make

Some of the most common issues seen in WA estates include:

  • selling before probate is granted
  • failing to obtain a date-of-death valuation
  • mixing estate funds with personal accounts
  • underestimating tax exposure
  • delaying professional advice

Executors are personally responsible for many decisions. Acting carefully protects not only the estate, but the executor as well.

When Professional Advice Makes Sense

Not every estate requires extensive professional help, but many do benefit from it.

Situations that almost always justify advice include:

  • multiple beneficiaries
  • business or partnership interests
  • overseas assets or beneficiaries
  • delayed property sales

For estates involving partnerships, a partnership tax return accountant can help ensure income is reported correctly and obligations are shared appropriately.

In some cases, beneficiaries also refer to an expat tax return guide to understand their own future obligations once distributions are made.

Final Thoughts

Selling property from a deceased estate is as much about responsibility as it is about compliance. Executors are managing assets that often carry emotional significance, not just financial value.

Taking time to understand the process, keeping thorough records, and seeking advice when unsure can prevent conflict and costly mistakes. There is no prize for rushing but there can be consequences for overlooking details.

Handled properly, the sale of an estate property can be completed with clarity, fairness, and confidence, allowing beneficiaries to move forward without unresolved issues hanging over them.

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