Let me paint you a picture.
You're sitting minding your own business doing a crossword puzzle (or whatever it is you do when you're minding your own business) on a Saturday afternoon, when the phone rings. It's your Auntie Doris, calling to say she hopes you don't mind, but she's popped you down as the executor in her will, because you're more organised than the other nieces and nephews and she knows you'll do a good job (whatever that might entail).
You hesitantly agree to the previously undisclosed nomination, and as you hang-up can't decide if you feel honour or mild panic.
The thing nobody tells you when someone asks you to be their executor (if indeed they bother to ask you at all) is: it's not just an administrative role. It's a deeply personal, often emotionally complicated, sometimes legally bewildering responsibility. And chances are high you've been handed it at quite possibly the worst (or at very least most inconvenient) time.
So, here you are, having agreed to be the executor for someone's estate (or maybe you've skipped all that and found yourself here because someone has died and you've just found out they tagged you to take over).
To help you figure out what comes next, I've made a list of the top 10 questions people ask me about administering a deceased estate in Australia.
Consider this your permission slip to take a breath, make a fresh cup of tea, and get across what's actually ahead of you.
1. "What does an executor actually DO?"
An executor is the person named in a will who's responsible for sorting out everything after someone dies. And when I say everything, I mean everything.
Making funeral arrangements. Engaging a lawyer. Collecting assets. Paying debts. Lodging tax returns. Notifying banks, Centrelink, and a thousand other organisations that your person is no longer with us. Dealing with real estate. Distributing the estate to beneficiaries. Potentially managing a business. Arranging care for pets and/or children.
Basically, it's being asked to sort out someone's life after their death under the terms of the will or intestacy laws.
It's a big job. A meaningful one. But also, for most people, a completely unfamiliar
In a nutshell: you're not expected to know how to do all of this. You are expected to make sure it gets done, and getting the right help is part of the job.
2. "Do I have to say yes?"
Here's some news that surprises a LOT of people: No. You don't.
Being named as executor in someone's will is an honour, not a legally binding contract. You are not obliged to take up the appointment of executor, even if you agreed to do it while the person was alive, or you pinky promised at Christmas lunch, or your mum told you that you were the only one who could do it.
The reasons people renounce their role as executor are wide and varied: a potential conflict with other executors named in the will, geographical distance, the expectation to carry out duties that don't sit right with your personal values, or simply the weight of grief making the whole thing feel impossible. All of these are valid.
What's important is that if you're going to step down, you do it before you start taking on executor duties. Once you start acting as executor, it becomes considerably harder to hand the baton to someone else. To formally renounce, you'll need to work with a lawyer to complete the right paperwork.
Side Quest - if you do decide you want to take on the role of executor you DO NOT have to use the dead person's lawyer to administer the will - even if you think it will be less complicated (it won't), easier (it usually isn't), loyal (the dead person left you in charge), quick (we hand on my heart turn work around quicker than any other legal practice we interact with). As the executor, you get to choose who you want to spend the next 9-or-so months hanging out with.
You can read more about the decision to accept or step back from the role in my guide to what an executor does. And if you want to chat through whether it's the right call for you, you're always welcome to make a 15-minute appointment to have a chat with me.
3. "Do I have to do anything right away or can I wait a few months?"
If you are named in the will as the executor there will be a number of immediate tasks you need to attend to following a death.
While many executors jump straight into "action" mode, it's important to understand what jobs need to be done right away and which ones you can take your time on.
As executor, you will be responsible for making immediate decisions about care for children, vulnerable adults and/or pets. You will need to secure and insure the deceased's property. And you will be responsible for making funeral arrangements in accordance with the dead person's wishes (which are usually set out in their will - so you also need to find that and read it!).
If there's no will these immediate tasks will need to be handled by the next-of-kin or a close family member.
You can print a handy list of immediate executor tasks HERE.
4. "Someone told me I'll need a Grant of Probate. What is that?"
A Grant of Probate is essentially the Supreme Court's way of saying: "Yes, this will is valid. Yes, this person is authorised to deal with the estate." It's the golden ticket that unlocks bank accounts, allows property to be transferred, and generally gives you the legal authority to do what you've been asked to do.
Do you always need it? Not always. In South Australia, as of 1 January 2025, small estates valued at $100,000 or less that don't include real property may be handled without formally applying for probate. Some banks will also release smaller amounts without it. But for most estates, especially those involving property, significant investments, a nursing home RAD or superannuation paid to the estate, you'll need it.
How long does it take? Once a lawyer has lodged your application with the Supreme Court, you can generally expect to wait around four to eight weeks for the grant to come through (assuming everything is in order). But that's just one piece of the puzzle. Gathering everything you need before lodging (including a register of assets and liabilities, the original will, and a correct death certificate) can take weeks or months on its own.
If there's no will (we call this dying intestate), you'll apply for Letters of Administration instead. It's a slightly different process but essentially the same idea: getting court authorisation to deal with the estate.
I walk through all of this in more detail on my estate administration page, including exactly what I do on your behalf if you want help with the application. (Spoiler: it's a lot, and it's what I'm here for.)
5. "Does superannuation form part of the estate? Because I've heard it doesn't and now I'm confused."
You heard correctly. This is genuinely one of the most misunderstood aspects of deceased estates, and it catches families off guard constantly.
Here's the deal: superannuation is not owned by the account holder. It's held in trust by the superannuation fund. Which means it doesn't automatically form part of the deceased person's estate and doesn't automatically get distributed according to the will.
Instead, the super fund's trustee decides who the death benefit goes to based on any nominations the deceased made, and what the law allows.
Now, there are circumstances where super does flow into the estate, particularly where the deceased made a valid binding death benefit nomination naming their legal personal representative (their executor) as the beneficiary. In that case, the super comes into the estate and is distributed in accordance with the will. But without that, it operates entirely separately.
As the executor or administrator, you'll need to track down all super accounts (sometimes people have more than one — lost super is very much a thing), find out whether any nominations were in place, and understand what additional products like life insurance might be attached.
These articles on superannuation death benefit claims and binding death benefit nominations explain why getting this right before someone dies is so important.
6. "What are my tax obligations as executor? And can I be personally liable?"
This is the question where I see people's faces go a little pale when I tell them the answer is: yes, tax is a real part of this job, and yes, if you get it wrong, you can be personally on the hook.
Here's what's involved:
The deceased's final tax return (called the "date of death return") needs to be prepared and lodged for the financial year they died. This covers any income they earned up to the date of death.
Outstanding tax returns - If the deceased hadn't lodged returns for prior years, those need to be caught up too. (Fun fact: the ATO does not consider "they were very busy" or "they were in denial" as valid reasons for non-lodgment.)
Estate tax returns - if the estate earns income during the administration period (rent on an investment property, interest in a bank account, that kind of thing), the estate may need to lodge its own tax return as a separate entity.
Capital gains tax - if assets are sold during the administration period, there may be CGT implications depending on the asset, when it was acquired, and how it's being distributed.
The critical rule: do not distribute the estate before the ATO has cleared the tax affairs. If you hand out money to beneficiaries and then discover there's an outstanding tax debt, you may be personally liable to cover it. That is a situation you absolutely do not want to find yourself in.
My very strong recommendation? Get an accountant involved early. Like, early early. This is not an area to wing. And when you compile your assets and liabilities register, make sure you're capturing all sources of income and any potential capital gains exposure.
7. "How do I actually figure out what's IN the estate?"
As soon as possible after someone dies, you need to start compiling a full picture of everything the deceased owned (assets) and everything they owed (liabilities). This is called the assets and liabilities register, and it forms the backbone of the entire estate administration process. You'll need it to understand whether probate is required, to satisfy the court if it is, to advise beneficiaries of what they can expect, and to make sure nothing falls through the cracks.
Assets include the obvious things (property, bank accounts, shares, cars, jewellery) and the less obvious things (digital assets, business interests, trust interests, overseas assets, items in storage, collectibles). Liabilities include mortgages, credit cards, personal loans, unpaid bills, and any personal tax debts.
Locating everything can genuinely feel like detective work, especially if your person wasn't the most organised record keeper. You may be sifting through decades of paperwork, tracking down accounts at institutions you've never heard of, or discovering that what seemed like a simple estate is considerably more layered than expected.
My assets and liabilities register resource walks you through what to look for and how to document it — including a downloadable worksheet you can print and start filling in immediately.
One important note: jointly owned assets (like a property owned jointly with a surviving spouse) are not part of the estate and pass directly to the surviving owner. Same with superannuation (see Question 5). So don't include these in your estate calculation.
8. "Can I be held personally liable as executor? Like, actually personally?"
I'm going to answer this one plainly, because it deserves plain language: yes, you can.
Being an executor comes with real legal risk, and it's one of the most important things to understand before you dive in. Here are the big ones:
Distributing before debts are paid - you must pay all the estate's debts before distributing to beneficiaries. If you hand out money and then discover an unpaid creditor or tax debt, you may be personally liable to make good on it.
Distributing too early - the estate should not be distributed until at least six months from the date of death. This is to allow any family provision claims (more on those shortly) to be made. If you distribute within six months and a valid claim is later made, you can be personally liable for the court-ordered amount.
Getting the tax wrong - as discussed in Question 6, distributing before clearing the tax affairs is a significant personal risk.
Acting for a bankrupt estate - if the estate has more liabilities than assets (i.e., it's insolvent), there are specific rules about how this is managed. Getting this wrong can expose you personally.
None of this is said to scare you but so you can protect yourself. And the best protection? Good legal and accounting advice from the start, keeping meticulous records of everything you do, and never, ever making distributions on a vibe (or because you wish for it to be over).
I've had clients come to me after trying to administer an estate themselves, only to discover they've made an error that cost them personally. Please don't let that be you. Let's have a chat first.
9. "Can I get paid for doing this? Because it's a LOT of work."
In theory, yes - you can be paid. It's called executor's commission, and it exists precisely because administering an estate is genuinely hard work, and unpaid hard work at that. The law recognises that an executor who's not a beneficiary (or who is a beneficiary but has done a significant amount of work on top of their inheritance) may be entitled to compensation.
The majority of my wills include an executors commission for these very reasons.
In practice however it's not so simple.
Commission is not automatic. The provision for an executor's commission needs to have been included in the will, or there needs to be unanimous agreement from all adult beneficiaries, or an application to the Supreme Court needs to be made (which can be costly and time-consuming).
10. "What happens if someone contests the will — or says they deserve more?"
In Australia, certain people have the legal right to make a family provision claim, essentially arguing that the will doesn't adequately provide for them. This could be a spouse, a child (adult or minor), a former partner, or a dependant. Even if the deceased specifically chose not to leave them anything. Even if they believed there was a very good reason for it.
As executor, you're in the middle of this. Your job is to administer the estate - not to be a referee - but the reality is that contested estates can be emotionally exhausting and legally complex.
Important consideration: if you distribute the estate while a claim is pending, or before the six-month window has passed, you can be personally liable for any amount the court orders.
Beyond formal claims, beneficiary disputes over how an estate is being administered are also incredibly common. The best antidote? Communication. Transparency. Keep beneficiaries informed, explain your decisions, and document everything. Most disputes happen not because people are genuinely wronged, but because they feel kept in the dark.
The best will in the world is one that's never contested - and that starts with good estate planning.
You Don't Have to Executor Alone
Administering a deceased estate is not something most people do every day (I literally do this every day and find it can be overwhelming and emotionally draining).
Being an executor can be an enormous honour, it can also be emotionally complex, legally nuanced, and almost always more complex and/or time-consuming than anyone anticipates.
Whether you want someone to take the whole thing off your plate, or just someone to check in with as you go, that's what I'm here for. You can find out more about how I support executors HERE or book a time that suits you for a 15-minute chat.
Other posts that may be helpful
- What Does an Executor Do? (Step-by-Step)
- Estate Administration — How We Help
- FAQs: Estate Administration Questions Answered
- Assets and Liabilities Register
- Superannuation Death Benefit Claims
- Understanding Binding Death Benefit Nominations
- Packing Up the Deceased's Home
- Estate Planning vs Writing a Will
- How to Write a Good Will
The contents of this article is general information only and does not constitute legal or financial advice. It is not intended to be a substitute for either and should not be relied upon as such. You should seek independent professional advice in relation to your specific circumstances.