An executor's duties, step by step

The executor's legal position

The executor holds the estate as a trustee for the beneficiaries.

The executor must act in good faith, with care and diligence, and deal with the estate in a timely way.

Estate money and property must be kept separate from the executor's own.

Before a grant is made, an executor can decline the role by filing a renunciation.

After a grant is made, the executor cannot renounce.

Steps 1 to 4: Before the grant

1. Find the original will and any codicils. Keep them safe and do not attach anything to them.
2. Tell the ATO of the death and who will manage the tax affairs.
3. List every asset and debt. Note how each asset was held, and check any land on the title.
4. Work out whether a grant of probate is needed. Ask each bank, fund and holder what it requires.

Steps 5 to 7: Obtaining probate

1. Publish a notice of intended application on the NSW Online Registry.
2. Wait at least 14 days, then file the probate application online with the Supreme Court.
3. Answer any requisitions from the Court.

The application should be made within six months of the death. A later application must explain the delay.

Steps 8 to 11: Administering the estate

1. Collect the assets. Open a bank account in the name of the estate.
2. Protect the assets. Keep property insured and secure.
3. Pay the debts. Debts must be paid before beneficiaries receive anything.
4. Deal with tax. Lodge a date of death tax return if one is needed, and any outstanding returns. If the estate earns income, such as rent or interest, trust tax returns may be needed until the estate is finalised.

Steps 12 to 14: Distributing the estate

1. Consider timing. Legal Aid NSW suggests waiting at least six months from the death to allow time for claims. A family provision claim can generally be made within 12 months of the death.
2. Consider publishing a notice of intended distribution on the NSW Online Registry. Publishing is optional. In some cases it may protect the executor from personal liability for claims the executor did not know about when distributing.
3. Distribute under the will. Transfer land through a lawyer. Obtain a written receipt from each beneficiary.

If a gift of money is not paid within 12 months of the death, the beneficiary may claim interest.

Records and accounts

Keep a record of every receipt, payment and transfer.

The executor may need to file accounts with the Court if a beneficiary asks, if the Court requires it, or if the executor claims commission.

An executor who is also a beneficiary cannot claim commission unless the will allows it.

Common questions