Being named executor of an estate is a significant responsibility. You’ll manage assets, settle debts, and distribute inheritances—all while following strict legal requirements.
At Jameson Law, we’ve guided countless executors through this process. This guide covers the key executor duties in Australia, from initial obligations to handling disputes, so you can administer the estate with confidence.
What Executors Actually Need to Do?
Your Three Core Legal Responsibilities
As an executor, your legal duties fall into three overlapping areas. First, you must locate the will and obtain a Grant of Probate from the Supreme Court. This authorises you to access and manage the deceased’s assets.
Second, you need to identify all estate assets and liabilities. This involves securing property and maintaining insurance. Finally, you must pay all debts, taxes, and expenses before distributing anything to beneficiaries. These responsibilities happen simultaneously.
How Long Estate Administration Takes
A straightforward estate takes 6–12 months. However, estates with contested wills or complex property can take years. NSW Supreme Court data shows executor misconduct accounts for roughly 10% of estate disputes.
The Mistakes That Cost Time and Money
Delaying probate freezes assets. Failing to keep detailed records exposes you to personal liability. A critical error is underestimating tax obligations—you must lodge the deceased’s final tax return with the Australian Taxation Office (ATO).
Managing Estate Assets Practically
Locate Every Asset the Deceased Owned
Incomplete asset discovery causes disputes. Request bank statements and contact the ATO to find lost superannuation. Don’t overlook digital assets like cryptocurrency or online accounts. Create a master spreadsheet listing every asset type and value.
Value Assets Accurately for Tax
Real estate requires a professional valuation, not a real estate agent’s estimate. This is crucial for Capital Gains Tax (CGT) calculations. Valuations should be as of the date of death.
Pay Debts, Taxes, and Expenses Correctly
Funeral expenses typically rank first. Credit card debts and mortgages come next. If the estate earns income (like rent or interest) during administration, you must lodge a separate trust tax return. Obtain tax clearance before distributing assets.
Distribute Assets Only After All Obligations Are Resolved
Only distribute assets after paying all debts and taxes. Prepare a detailed distribution plan. For real estate, engage a lawyer to register title changes with NSW Land Registry Services. Ask beneficiaries to sign a receipt confirming they have no further claims.
Navigating Disputes and Legal Challenges
Respond Immediately When Disputes Emerge
Beneficiary disputes demand immediate action. If a beneficiary raises concerns, respond with transparent documentation. Executor misconduct can lead to removal orders, costing the estate significantly.
Defend the Estate Against Will Challenges
If someone challenges the validity of the Will (e.g., alleging undue influence), you must seek legal advice immediately. The law imposes strict time limits on family provision claims.
Use Mediation to Resolve Disputes
Mediation is your strongest tool for resolving disputes efficiently. It costs a fraction of litigation and resolves issues without court intervention. Establish decision thresholds with co-executors to prevent conflict.
Final Thoughts
Executor duties in Australia demand careful attention to legal obligations. You must locate assets, pay debts, and distribute transparently. Mistakes can expose you to personal liability.
Professional support protects your interests and prevents costly errors. Contact Jameson Law for a confidential discussion about your specific circumstances. We provide tailored guidance to help you navigate this responsibility with confidence.
