Being named executor is an honour and a burden: you are legally responsible for administering the estate correctly, and mistakes can create personal liability. Here is the job, in order. You can also download our free Executor's First Steps Checklist (PDF).
The First Two Weeks
- Locate the original Will (solicitor's safe custody, the NSW Trustee, home documents) and read it for funeral wishes
- Arrange the funeral — the executor has the legal authority to do so; reasonable costs are paid from the estate
- Obtain the death certificate (the funeral director usually arranges registration)
- Secure the assets: lock the home, confirm insurance stays current, secure vehicles and valuables
- Notify banks, Centrelink, Medicare, super funds and utility providers
Do You Need Probate?
Not always — jointly-held assets pass automatically and small accounts are often released without a grant. Read when probate is not needed. If a grant is required, the sequence is: publish the online Probate Notice, wait 14 days, then file the application with the Supreme Court. Our probate team handles this end-to-end, and current court processing for routine grants is only a few weeks.
After the Grant: Administering the Estate
- Collect the assets — close accounts, transfer or sell property and shares, claim life insurance and super death benefits
- Pay the debts — funeral costs, taxes, mortgages and other liabilities, in the correct order of priority
- Final tax — lodge the deceased's final individual return and any estate returns required
- Keep accounts — a clear record of every dollar in and out; beneficiaries are entitled to transparency
When Can You Distribute? (The Rules That Protect You)
This is where executors get into trouble. You are generally protected from personal liability for claims if you publish a notice of intended distribution, wait at least 30 days after the notice and at least 6 months from the date of death, and have no notice of any claim. And remember: a family provision claim can be made within 12 months of death — distributing everything early, then facing a claim, can leave the executor personally exposed. Get advice on timing before paying anyone out.
Can an Executor Be Paid?
Executors are entitled to be reimbursed expenses, and can apply for commission for their "pains and trouble" — though where the executor is also a major beneficiary, commission is less common. The estate ordinarily pays the proper legal costs of administration.
Can You Refuse the Role?
Yes — you can renounce before you start dealing with the estate ("intermeddling"). If you'd rather not act, decide early.
Named as an executor? You don't have to do this alone.
Free first consultation, fixed fees for standard grants, and the estate ordinarily pays the proper costs. Call (02) 9633 3122.
General information only, not legal advice.
Need legal advice? James Papas Solicitors offers free first consultations for all Probate & Deceased Estates matters. Our offices are in Parramatta and we serve all of Western Sydney. Learn more about our Probate & Deceased Estates services → or contact us today.