Money & legal

Estate Administration

The executor's journey, step by step.

Being an executor is real work — sometimes months of it. Here is what the journey looks like, roughly in order.

Check with a solicitor first

A solicitor can handle most or all of this for you — or, for a small and straightforward estate, you can do it yourself. If the deceased had a solicitor, call them first — they may already have the will, and can tell you what they are able to manage on your behalf. Solicitors' fees usually come out of the estate rather than your own pocket. If there is little in the estate, ask for a fixed quote before you agree to anything. You may not need probate at all: most banks will release money without it, up to a limit each bank sets, so ask each one what theirs is. Probate is usually still needed if there is a house or land in the person's name alone.

Find and secure the will

Check with the deceased's solicitor, the Public Trustee, a home safe, or their bank's safe deposit box. Once found, do not alter it. Make copies for yourself and the beneficiaries.

Public trustees, state by state

Where a will may be held, and who can administer an estate.

Apply for probate

Probate is the court confirming the will is valid and giving the executor authority to deal with the estate. Not every estate needs it — small estates with no property often don't. Check with the deceased's bank first; they'll tell you if they require it.

Applying for probate, state by state

The Supreme Court in each state and territory, and how to apply yourself.

List all assets and debts

Open a spreadsheet. List every asset (bank accounts, super, shares, property, vehicles, valuables) and every debt (mortgage, credit cards, personal loans). You'll need this for probate, the final tax return, and distribution.

HECS/HELP debts are cancelled on death — they do not need to be repaid from the estate. This is one less thing to worry about.

Pay debts and tax

The executor pays legitimate debts from the estate's assets before distributing to beneficiaries. Lodge the final tax return. Pay any outstanding bills. Keep receipts for everything.

Australian Taxation Office — deceased estates

The final tax return, and the estate's tax obligations.

Wait before distributing

Do not distribute the estate for at least 6 months after probate. This allows time for any family provision claims (will contests) to be filed. If you distribute early and a claim is later upheld, you as executor may be personally liable for the shortfall.

During this waiting period, the executor should also advertise for creditors — a formal notice asking anyone owed money by the deceased to come forward. This protects the executor from unknown debts appearing later.

Distribute the estate

Once the waiting period has passed, all debts are paid, and the tax return is lodged, distribute the remaining assets according to the will. Get a signed receipt from each beneficiary. The executor should keep records for at least 7 years (this covers ATO requirements and potential claims).

It takes longer than you think

A straightforward estate takes 3-6 months. A complex one can take 1-2 years. This is normal. Be patient with yourself.

Choosing your executor

For anyone deciding who to name.

See all 16 guides in Money & legal →

From bluetulipco.com/library/money/estate-admin — printed 1 October 2026.

General information only — not a substitute for legal, medical, financial, or therapeutic advice. Read the full disclaimer.

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