Estate Administration in Australia: The Executor's Step-by-Step Checklist

18 min read · Updated 12 June 2026

On this page
  1. Estate Administration Overview
  2. Timeline: Estate Administration Stages
  3. Phase 1: Immediate Tasks (First 7 Days)
  4. Phase 2: Asset and Liability Identification (Weeks 2–4)
  5. Phase 3: Probate Application (Weeks 5–12)
  6. Phase 4: Collecting Assets (Weeks 13–20)
  7. Phase 5: Paying Debts and Expenses (Throughout)
  8. Phase 6: Tax Obligations
  9. Phase 7: Preparing Estate Accounts
  10. Phase 8: Distribution to Beneficiaries (Weeks 33–52)
  11. Executor's Fiduciary Duties
  12. When to Seek Professional Help
  13. State-Specific Considerations
  14. Legislation and Official Resources
  15. Related Guides
  16. Further Reading

Quick answer

Estate administration is the process of managing and distributing a deceased person's estate according to their will (or intestacy laws if there's no will). The executor secures assets, obtains probate if required, pays debts and taxes, prepares accounts, then distributes to beneficiaries.

  • Typical timeline: Straightforward estates take 6–12 months; complex estates with property sales, business interests, or disputes can take 1–3 years.
  • Probate first: Real estate in the deceased's sole name and larger bank or share holdings usually require a grant of probate before assets can be collected.
  • Personal liability: Executors have a fiduciary duty and can be personally liable if they distribute before paying debts, best practice is to wait out the family provision claim period.
  • Keep records: Maintain asset inventories, receipts, and signed beneficiary releases throughout.

Estate administration is the process of managing and distributing a deceased person's estate according to their will (or intestacy laws if no will exists). This comprehensive guide provides Australian executors with step-by-step checklists, timelines, and practical guidance for fulfilling their duties.

Estate Administration Overview

What is Estate Administration?

Estate administration encompasses all tasks required to:

  • Identify and secure the deceased's assets
  • Obtain legal authority to act (probate)
  • Pay debts, taxes, and expenses
  • Distribute remaining assets to beneficiaries
  • Close the estate and maintain records

Key Parties Involved

Party Role
Executor Person(s) named in the will to administer the estate
Administrator Person appointed by court when there's no will or no executor
Beneficiaries People or organisations entitled to receive from the estate
Creditors Parties owed money by the deceased
Probate Court Supreme Court division that grants probate

Timeline: Estate Administration Stages

Key point

Straightforward estates take 6–12 months from death to final distribution, while complex estates with property sales, business interests, or disputes can run 1–3 years.

Typical Timeline (Straightforward Estate)

Stage Timeframe Key Tasks
Immediate (Week 1) Days 1–7 Secure assets, notify institutions, arrange funeral
Initial (Weeks 2–4) Days 8–30 Locate will, gather documents, value assets
Probate (Weeks 5–12) 1–3 months Prepare and lodge probate application, await grant
Collection (Weeks 13–20) 2–3 months Collect assets, pay debts, manage property
Tax & Accounts (Weeks 21–32) 2–3 months Lodge tax returns, prepare accounts
Distribution (Weeks 33–52) 2–4 months Distribute to beneficiaries, close estate
Total 6–12 months For straightforward estates

Factors That Extend Timelines

  • Property sales – Add 3–6 months for marketing and settlement
  • Business interests – May require valuation, sale, or wind-up
  • Family provision claims – 3–12 month limitation periods, depending on the state
  • Overseas assets – Require foreign probate or reseal
  • Tax complications – CGT events, business income, audits
  • Beneficiary disputes – Can delay distribution indefinitely
  • Missing beneficiaries – Require searches and court directions

Phase 1: Immediate Tasks (First 7 Days)

Checklist: First 48 Hours

Task Completed
☐ Locate the original will and any codicils
☐ Arrange for secure storage of valuable items
☐ Secure the deceased's residence (change locks if needed)
☐ Cancel standing orders and direct debits (prevent further charges)
☐ Notify bank(s) of death (accounts may be frozen)
☐ Arrange funeral in accordance with any wishes expressed
☐ Obtain at least 5 certified copies of death certificate
☐ Redirect mail to executor's address
☐ Locate all keys, access cards, and passwords

Checklist: First Week

Task Completed
☐ Review the will and identify all beneficiaries
☐ Identify co-executors and confirm willingness to act
☐ Notify Centrelink, Medicare, DVA (if applicable)
☐ Contact employer about final pay and entitlements
☐ Notify superannuation funds
☐ Contact insurance companies (life, home, car)
☐ Arrange property insurance if needed
☐ Cancel subscriptions and memberships
☐ Begin compiling asset and liability list

Death Certificate Requirements

You'll need multiple certified copies of the death certificate for:

Institution Copies Needed
Probate court 1 original
Each bank 1 each
Land titles office 1
Share registries 1 each
Superannuation funds 1 each
Insurance companies 1 each
Total recommended 8–12 copies

Cost: Death certificates cost approximately $55–$65 each (varies by state).

Phase 2: Asset and Liability Identification (Weeks 2–4)

Asset Identification Checklist

Asset Category Items to Locate Completed
Bank accounts All accounts, term deposits, credit cards ☐
Real property Certificates of title, mortgage documents ☐
Investments Shares, managed funds, bonds ☐
Superannuation All super funds, binding nominations ☐
Life insurance Policies, nomination details ☐
Vehicles Registration papers, finance agreements ☐
Personal property Jewellery, art, collectibles, furniture ☐
Business interests Partnership agreements, company records ☐
Digital assets Online accounts, cryptocurrency, domains ☐
Debts owed to deceased Loans to family/friends, security documents ☐

Where to Search for Assets

  • At home: Safe, filing cabinets, desk drawers, under mattress
  • Banks: Request account searches (may charge fee)
  • ASIC: Company and director searches
  • Land titles office: Property title searches
  • ATO: Tax returns show investment income sources
  • Lost super: ATO SuperSeeker for unclaimed super
  • ASIC unclaimed money: Check for unclaimed dividends/deposits

Liability Identification Checklist

Liability Type Items to Locate Completed
Mortgages Loan documents, statements ☐
Personal loans Agreements, balances ☐
Credit cards Statements, balances ☐
Utility bills Outstanding accounts ☐
Tax debts ATO notices, BAS obligations ☐
Medical expenses Hospital bills, care costs ☐
Funeral expenses Invoice from funeral director ☐
Legal fees Outstanding solicitor accounts ☐

Phase 3: Probate Application (Weeks 5–12)

When is Probate Required?

Situation Probate Required?
Real estate in deceased's sole name Yes
Bank accounts above the bank's own threshold (varies) Usually
Shares in listed companies Usually
Jointly held assets (joint tenancy) No
Superannuation with binding nomination No
Life insurance with named beneficiary No
Very small estates Often no

Probate Application Checklist

Document/Step Completed
☐ Original will (not a copy)
☐ Death certificate (certified copy)
☐ Executor identification documents
☐ Inventory of assets with valuations
☐ Application for Probate (court form)
☐ Affidavit of Executor(s)
☐ Court filing fee payment
☐ Publish notice (if required by state)
☐ Lodge application with Supreme Court
☐ Respond to any requisitions
☐ Collect sealed grant when issued

State Court Filing Fees (2025)

State Small Estates Medium Estates Large Estates
NSW $0 (under $100K) $1,175 ($250K–$500K) $2,524 (over $2M)
VIC $459.30 (under $250K) $1,004.90 ($250K–$1M) $1,547.50 (over $2M)
QLD $0 (under $5K) $462 ($100K–$250K) $886 (over $500K)

South Australia, Western Australia, Tasmania, the ACT and the Northern Territory each set their own probate filing fees, usually scaled to the estate value, under their respective administration and probate legislation. Check the relevant state or territory Supreme Court registry for the current fees.

See our Probate Process Australia guide for complete fee tables.

Phase 4: Collecting Assets (Weeks 13–20)

Bank Account Collection Process

  1. Write to each bank with:
  • Certified copy of death certificate
  • Certified copy of grant of probate
  • Completed bank authority forms
  • Executor identification
  1. Request from each bank:
  • Account balance as at date of death
  • Interest accrued since death
  • Closure of accounts
  • Transfer of funds to estate account
  1. Open estate bank account:
  • In the name of "Estate of [Deceased's Name]"
  • All estate funds flow through this account
  • Maintains clear audit trail

Share and Investment Collection

Step Action Completed
☐ Contact share registry (Computershare, Link, etc.)
☐ Provide death certificate and grant of probate
☐ Request holdings statement as at date of death
☐ Decide: sell shares or transfer to beneficiaries
☐ Complete transmission forms if transferring
☐ Lodge completed forms with registry

Property Management During Administration

  • Insurance: Ensure property remains insured
  • Maintenance: Keep property in reasonable condition
  • Mortgage: Continue payments from estate funds
  • Rates and utilities: Pay from estate funds
  • Rental property: Collect rent, manage tenants
  • Sale preparation: Obtain valuations if selling

Phase 5: Paying Debts and Expenses (Throughout)

Order of Priority for Payments

Debts must be paid in a specific order. If the estate is insolvent, follow this priority:

Priority Category Examples
1 Funeral and testamentary expenses Funeral, probate costs, executor expenses
2 Secured creditors Mortgages, secured loans
3 Preferred debts Employee wages owed, workers' compensation
4 Ordinary unsecured creditors Credit cards, personal loans, utilities
5 Deferred debts Loans from related parties

Executor's Expense Claims

Executors can claim reimbursement for reasonable expenses:

Claimable Expenses Not Claimable
Funeral costs Personal time (unless commission approved)
Probate court fees Ordinary living expenses
Legal and accounting fees Costs of personal disputes
Property insurance and maintenance
Travel for estate administration
Postage and courier costs
Professional valuations
Storage fees

See our Executor Fees Australia guide for commission details.

Phase 6: Tax Obligations

Tax Returns Required

Return Type Due Date Notes
Final individual return Normal lodgement date Income until date of death
Deceased estate return Normal lodgement date Estate income during administration
Trust return If estate holds assets beyond one year Ongoing trust income

Capital Gains Tax Considerations

Situation CGT Implication
Assets pass to beneficiary Generally no CGT on transfer (beneficiary inherits cost base)
Executor sells assets CGT applies; estate pays tax
Main residence Often exempt under 2-year rule if beneficiary sells within 2 years
Pre-CGT assets Assets acquired before 20 Sept 1985 may be CGT-free

Tax Clearance Certificate

Before final distribution, consider obtaining a Tax Clearance Certificate from the ATO, which confirms no outstanding tax debts. This protects executors from personal liability for underpaid tax.

Note: This is optional but advisable for larger estates.

Phase 7: Preparing Estate Accounts

What Estate Accounts Include

Section Contents
Capital account Assets collected, values at date of death
Income account Income received during administration
Expenses All payments made, with receipts
Distributions What each beneficiary receives
Reconciliation Final balances proving accounts balance

Sample Estate Account Structure

  1. Estate as at date of death
  • Real property: $800,000
  • Bank accounts: $45,000
  • Shares: $120,000
  • Personal effects: $15,000
  • Total assets: $980,000
  1. Less liabilities
  • Mortgage: $150,000
  • Credit cards: $5,000
  • Funeral: $12,000
  • Total liabilities: $167,000
  1. Net estate: $813,000

  2. Less administration expenses

  • Probate fees: $1,514
  • Legal fees: $8,500
  • Accounting: $2,200
  • Total expenses: $12,214
  1. Available for distribution: $800,786

Phase 8: Distribution to Beneficiaries (Weeks 33–52)

Pre-Distribution Checklist

Requirement Completed
☐ All assets collected
☐ All debts paid
☐ Tax returns lodged and assessments received
☐ Family provision claim period for your state considered (see below)
☐ No outstanding claims or disputes
☐ Estate accounts prepared
☐ Beneficiaries provided with accounts

Distribution Documentation

Document Purpose
Distribution statement Detailed breakdown of each beneficiary's entitlement
Receipt and release Beneficiary acknowledges receipt and releases executor
Assent form Transfers real property to beneficiary
Share transmission form Transfers shares to beneficiary

Protecting Yourself as Executor

Wait before distributing: Executors who distribute too early may be personally liable if claims emerge. Best practice:

  • NSW: Claims can generally be made within 12 months after death (Succession Act 2006 s58); get legal advice before distributing earlier
  • VIC: Wait 6 months from grant of probate
  • QLD: Wait 9 months from death (an executor with no written notice of an intended claim is generally protected if they distribute from 6 months after the death, s44)
  • SA and the ACT: 6 months from the grant
  • WA: 6 months from the date the executor becomes entitled to administer the estate
  • TAS: 3 months from the grant
  • NT: 12 months from the grant

See the guide for your state, for example How to Make a Will in Tasmania.

Get releases: Have each beneficiary sign a receipt and release acknowledging:

  • They have received their entitlement
  • They have reviewed the estate accounts
  • They release the executor from further claims

Executor's Fiduciary Duties

Key point

Executors have a fiduciary duty and can be personally liable for distributing assets before debts are paid, so best practice is to wait out the family provision claim period before final distribution.

Core Duties

Duty What It Means
Act in good faith Always prioritise beneficiaries' interests
Avoid conflicts Don't personally benefit from executor role
Keep accounts Maintain accurate records of all transactions
Invest prudently Invest estate funds wisely during administration
Distribute properly Follow the will exactly (or intestacy rules)
Act impartially Treat all beneficiaries fairly

Personal Liability Risks

Executors can be personally liable for:

  • Distributing before paying debts
  • Failing to protect or insure assets
  • Self-dealing or conflicts of interest
  • Poor investment decisions
  • Ignoring beneficiary requests for information
  • Breaching terms of the will

When to Seek Professional Help

Consider Professional Help For:

  • Complex estates: Multiple properties, business interests, overseas assets
  • Potential disputes: Family conflict, expected claims
  • Tax complexity: Business income, CGT issues, multiple trusts
  • Executor inexperience: First time as executor, limited time
  • Insolvent estates: Debts exceed assets
  • Missing beneficiaries: Cannot locate people named in will

Professional Costs

Service Typical Cost
Solicitor (full administration) $5,000–$25,000+
Solicitor (probate only) $2,000–$5,000
Accountant (tax returns) $500–$3,000
Professional executor (trustee company) 2.5%–5.5% of estate value

State-Specific Considerations

New South Wales

  • Legislation: Succession Act 2006 (NSW)
  • Family provision claims: 12 months from death to file
  • Court: Supreme Court of NSW, Probate Division
  • Advertising: Notice published on the NSW Online Registry website

Victoria

  • Legislation: Administration and Probate Act 1958 (Vic)
  • Family provision claims: 6 months from grant of probate
  • Court: Supreme Court of Victoria, Probate Office
  • Advertising: May be required; check current rules

Queensland

  • Legislation: Succession Act 1981 (Qld)
  • Family provision claims: 9 months from death, unless the court directs otherwise (s41(8))
  • Court: Supreme Court of Queensland
  • Advertising: Generally, a notice of intention to apply for a grant in an approved publication at least 14 days before filing, with a copy to the Public Trustee at least 7 days before filing (Uniform Civil Procedure Rules 1999 (Qld) r598, r599)

Legislation and Official Resources

Will-making in Australia is governed by each state and territory's own succession legislation. The core statutes include:

Because requirements differ between states and are amended over time, always confirm the current rules for your state, or seek advice from a qualified legal professional.

Further Reading

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Last updated 12 June 2026.

This article is general information only and is not legal advice. It is our best interpretation of the law as at 12 June 2026. WillBuddy is not a law firm, and it never replaces advice from a lawyer or solicitor. Laws change and differ between states and territories, so for your own circumstances, please get legal advice.

Questions? team@willbuddy.com.au

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