What Does an Executor Do? A Step-by-Step Guide to Administering an Estate in Australia

Detailed Explanation

Being named executor sounds honorary until the actual list of tasks arrives. Here's what the role really involves, roughly in the order it happens. See the Wills, Probate & Estates hub for how this fits alongside the rest of estate administration.

Step 1: Locate the will and register the death

Find the original signed will (not a copy) by checking with the person's solicitor, the Public Trustee, their bank, and their papers. In parallel, the death needs to be certified by a doctor (or the coroner) and registered, which is usually handled by the funeral director; the executor's first real job is choosing that funeral director and, where the will or a prepaid plan records wishes, following them. See what to do when someone dies in Australia for this immediate phase in full, and who has the legal right to decide where someone is buried for the executor's specific authority if the family disagrees on burial location.

Step 2: Get the death certificate and start the asset inventory

Order several certified copies of the death certificate: banks, super funds, insurers, and the probate registry will each want one, often at the same time. Then build a complete list of everything the person owned and owed: real estate, bank accounts, shares, superannuation, vehicles, debts, and any liabilities (a mortgage, personal loans, credit cards). Phone each institution's bereavement team and ask what they specifically require to release or transfer the asset. Superannuation is a common exception worth flagging early: it's paid directly by the fund's trustee under its own rules, not by the executor; see how superannuation is paid out when someone dies.

Step 3: Apply for probate (or letters of administration) if required

Not every estate needs a formal grant: many small estates and jointly-held assets pass without one. Where an institution insists (typically solely-owned real estate, or larger account balances), the executor applies to the Supreme Court for probate, or for letters of administration if there's no valid will. Executors can apply personally in every state; a solicitor is worth engaging where the estate is large, unclear, contested, or the executor simply doesn't have the capacity grief has left them with. The court filing fee itself varies by state and, in NSW and Victoria, by estate value; see how much does probate cost: NSW vs Victoria vs Queensland for the current figures to budget against.

Step 4: Close accounts, lodge tax, and settle debts

With the grant (where needed) in hand, the executor closes or transfers accounts, sells assets where the will requires it, and pays the estate's debts and expenses (funeral costs, outstanding bills, and any tax owed), always from estate funds, never the executor's own money. Family and beneficiaries generally don't inherit these debts personally either; see do you inherit a person's debts when they die in Australia for the exceptions and what happens if the estate can't cover everything. A final individual tax return covering the period up to the date of death is generally required, and the estate itself may need to lodge returns for income it earns during administration (rent, interest, dividends) before assets are distributed. This is also the stage to work through who else needs to be notified: employers, subscriptions, electoral roll, and anyone still being billed.

Step 5: Distribute the estate and keep records

Once debts, tax, and the claim period for potential disputes have passed, the executor distributes what remains according to the will (or the intestacy formula). Keep a simple ledger of every transaction from day one (what came in, what went out, and why), because an executor who can't account for the estate's money is the single most common source of family conflict during administration, regardless of whether anything was actually done wrong.

How long it actually takes

For an uncomplicated estate, expect roughly 6 to 12 months from death to final distribution: weeks for the death certificate, weeks to a couple of months for probate if required, then months of asset collection, debt payment, and the standard waiting period for potential claims before it's safe to distribute. Complex, contested, or interstate/overseas-asset estates commonly take well over a year. Timeframes are typical, not guaranteed, and vary by state and estate.

Things to Consider

• You don't have to do it alone. Executors can engage a solicitor or accountant to handle specific parts of the process (tax, contested claims, complex assets) rather than the whole administration. The estate pays the fee, not the executor personally.
• Distributing too early is the classic mistake. Most solicitors recommend waiting out the family-provision claim period (commonly around 6 to 12 months from death, varying by state) before finalising distribution. An executor who pays out early and a late claim then succeeds can be personally on the hook for the shortfall.
• Multiple executors must generally act together. If the will names co-executors, decisions (signing documents, selling assets) typically need everyone's agreement, which can slow things down if executors disagree. It's worth raising early rather than letting it stall the estate.
• Grief and admin arrive at the same time. Executors are almost always also grieving. It's reasonable to take things at a pace that protects your own wellbeing, and to lean on professional help for the parts you don't have capacity for.

Common Mistakes

• Acting before checking what's actually required. Some executors start selling or transferring assets before confirming whether probate is even needed. Ring the institutions first.
• Poor or no records. Without a simple, ongoing ledger, an executor can't demonstrate where the money went, which is exactly what triggers beneficiary suspicion and disputes.
• Ignoring tax obligations. A deceased person's final return, and any estate tax obligations during administration, are easy to overlook amid everything else, and they don't disappear because no one thought about them.
• Distributing before debts and potential claims are settled. This is the mistake most likely to leave an executor personally liable. Patience here protects you, not just the beneficiaries. See how do you contest a will in Australia for the family provision claims this waiting period exists to protect against.
• Letting silence stand in for communication. Beneficiaries who hear nothing for months tend to assume the worst. A brief update now and then costs little and prevents most conflict.