Executor duties at a glance
An executor carries legal responsibility to collect and protect estate assets, pay valid debts and taxes, and distribute the balance according to the will. In Australia, requirements are set by each state or territory’s laws and Supreme Court rules.
Your core responsibilities
- Locate the latest valid will and identify beneficiaries
- Arrange the funeral consistent with the will and family wishes
- Secure property, valuables and digital access; insure where needed
- Prepare the asset and liability schedule and open an estate bank account
- Apply for a court grant (probate or letters of administration) if required
- Collect assets, deal with super and life insurance, and pay creditors
- Manage tax: final personal return and any estate returns
- Prepare accounts, resolve queries and distribute the estate
Key decisions you may face
- Whether a grant is required and where to apply
- Sale vs transfer in‑specie of assets (property, shares)
- How to handle jointly held assets and overseas assets
- Timing of distributions given potential claims or notices
- When to engage a probate lawyer vs DIY
Important: laws and court rules differ between states and territories (NSW, VIC, QLD, WA, SA, TAS, ACT, NT). This page is general information only and not legal advice.
Executor duties checklist and timeline
First steps (days 1–14)
- Find the original will and any codicils; confirm executors
- Order the death certificate (or ensure the funeral director will)
- Secure the home, mail and vehicles; update/confirm insurance
- Notify banks to freeze sole accounts; record balances and direct debits
- Collect information about assets, liabilities and memberships
Before applying for a grant (weeks 2–8)
- Prepare an inventory of property and known debts
- Identify all beneficiaries and their contact details
- Confirm whether a grant is required for each asset class
- Advertise intention to apply if required in your state/territory
- Gather institution forms and valuation evidence
After the grant (or asset release)
- Open/operate an estate account and pay funeral/estate expenses
- Call in bank funds; arrange share transmission or sale
- Lodge transmission applications and property dealings
- Deal with superannuation death benefits and nominations
- Pay creditors and set aside appropriate reserves
Finalisation
- Lodge tax returns (date‑of‑death and estate as required)
- Prepare estate accounts and distribution statements
- Distribute gifts and residue per the will
- Keep records; obtain receipts/releases from beneficiaries
Grants: probate vs letters of administration
The court grant confirms who is legally authorised to deal with the estate.
| Type | When it applies |
|---|---|
| Probate | There is a valid will and the appointed executor applies. |
| Letters of Administration with the Will Annexed | A will exists but the named executor cannot or will not act; an eligible person applies. |
| Letters of Administration (intestacy) | No valid will. An eligible next of kin applies under intestacy rules. |
Institutions may release small balances without a grant, but real property in the deceased’s sole name generally requires a grant. If the deceased owned assets in multiple jurisdictions, a reseal or separate grant may be needed.
Executor costs, fees and timeframes
Typical cost components
- Court filing fees (vary by state/territory and estate value)
- Advertising and certificate costs
- Conveyancing or transmission fees for real property
- Tax/accounting costs (TFN, returns, advice as required)
- Legal fees (often a fixed fee for standard grants; complex estates may be time‑based)
Executor payment and reimbursement
- Reasonable expenses are reimbursable with receipts
- Commission may be allowed by the will or the court
- Keep clear records: invoices, bank statements and accounts
How long does it take?
- Simple estates: often 6–12 months (“executor’s year” is a common guide)
- Delays: property sales, claim periods, complex tax, overseas assets
- Disputes or family provision claims can extend timelines
DIY vs using a probate lawyer
- DIY can suit small, simple estates with cooperative beneficiaries
- Lawyer support helps where there is real property, multiple assets, tight timeframes or potential disputes
- Hybrid: do the information gathering yourself, get legal review for the grant
Documents and information executors should collect
Good preparation makes the application and administration smoother. Start a single file with copies of:
- Original will and any codicils; details of the will’s storage
- Death certificate, birth/marriage certificates if relevant
- Photo ID for the executor(s)
- Asset list: bank accounts, shares, property, vehicles, valuables, digital assets
- Liabilities: mortgages, credit cards, personal loans, utilities
- Property documents: title references, rates and water notices, strata levies
- Share/managed fund statements and SRNs/HINs
- Superannuation fund details and beneficiary nominations
- Insurance policies (life, home, contents)
- Tax records: TFN, last tax return, ATO correspondence
- Business interests, trusts or partnership documents if applicable
- Contact list of beneficiaries and relevant advisers
How executor matters typically progress
| Stage | What usually happens |
|---|---|
| Issue identification | Confirm the valid will, beneficiaries, assets, debts, and whether a grant is required. Secure and insure assets. |
| Document preparation | Collect the death certificate and build the inventory of property and liabilities. Prepare court forms and any required notices. |
| Grant or asset release | File for probate/administration. Institutions release funds and registries process transmissions after the grant or on approved small estates. |
| Administration | Call in assets, settle debts and tax, manage property and distributions. Keep detailed accounts and communicate with beneficiaries. |
| Finalisation | Complete distributions, obtain receipts/releases, and retain records. |
Executor duties FAQ (Australia)
Do I always need probate to act as executor?
No. Small balances may be released without a grant, joint assets usually pass to the survivor, and some superannuation may be paid directly to dependants. Real property in the deceased’s sole name and many institutions will require a court grant.
How long do I have before distributing the estate?
There is no universal deadline, but many executors wait for claim periods and tax clarity. The “executor’s year” is a common rule of thumb for completing administration unless complexity or disputes justify more time.
Can an executor be personally liable?
Yes, if duties are breached (e.g., distributing too early, failing to pay taxes or known debts, or mismanaging assets). Keeping records, obtaining releases and getting advice on tricky issues helps manage risk.
What if beneficiaries disagree with me?
Executors must act impartially and in the best interests of the estate. Use transparent communication, written accounts and, where needed, legal advice or mediation. Serious issues may require court directions.
What if there is no will?
Intestacy laws apply. An eligible person, often the next of kin, applies for Letters of Administration. Distribution follows the statutory order, not personal wishes.
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