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Executor Guide

Being an executor of a will in Australia — your responsibilities, duties, and risks

Being named executor is an honour — but it is also a legal responsibility with real obligations and potential personal liability. This guide explains what you need to do, in the right order.

🇦🇺 Australia-wide ⚖️ Legal duties explained 📅 Updated June 2026

An executor is appointed by the deceased in their will to carry out their wishes and settle their estate. It's one of the most significant roles one person can ask of another — and it comes with genuine legal obligations, a potential for personal liability, and more complexity than most people expect.

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You can use Afterward to manage much of this
Afterward is designed to support executors — with a personalised task list, document tracking, automated notifications, and access to navigators who know Australian estate administration. You remain in control; we make the workload manageable.

Your core duties as executor

  1. 1
    Locate and read the will
    Find the original will — check the deceased's home, their solicitor, and the state will registry. Read it carefully. Note who the beneficiaries are, any specific bequests, and any funeral wishes expressed.
  2. 2
    Arrange the funeral
    You have the legal authority to arrange the funeral even before probate. If the will specifies funeral wishes, do your best to honour them. The funeral costs are paid from estate funds.
  3. 3
    Identify and protect estate assets
    Make a list of everything the deceased owned — bank accounts, property, vehicles, investments, superannuation, business interests, personal property. Secure any property. Notify insurers. Don't allow anything to be removed, damaged, or distributed yet.
  4. 4
    Notify government agencies and cancel payments
    Notify Centrelink, Medicare, the ATO, and the Electoral Commission. Stop any ongoing payments to avoid overpayments. See our Centrelink & Government guide.
  5. 5
    Apply for probate
    If the estate requires probate, file an application with the Supreme Court in the relevant state. See our Probate Guide for step-by-step instructions.
  6. 6
    Collect the estate's assets
    Use the grant of probate to access bank accounts, transfer investment holdings, and deal with real property. Open an estate bank account to hold funds.
  7. 7
    Pay all estate debts
    Identify and pay all debts of the deceased — mortgage, credit cards, personal loans, outstanding bills. You must do this before distributing anything to beneficiaries. Keep records.
  8. 8
    Lodge the final tax return
    Engage a tax agent to lodge the deceased's final individual tax return. If the estate generates income, a trust tax return may also be required. The estate cannot be fully distributed until all tax matters are resolved.
  9. 9
    Notify and distribute to beneficiaries
    Formally notify beneficiaries of their entitlements. Distribute the estate assets according to the will. Obtain signed releases from each beneficiary confirming they have received their share.
  10. 10
    Close the estate
    Prepare final estate accounts. Close the estate bank account. Your role as executor is complete.

Your potential personal liability

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This is the part most executors don't know
An executor who distributes estate assets to beneficiaries before paying all debts can be personally liable to creditors for those debts — even from their own personal funds.
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Paying debts out of order. Funeral expenses, administration costs, and secured debts (mortgages) must generally be paid before unsecured debts. Paying beneficiaries before creditors can create personal liability.
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Missing the tax return. Failure to lodge the deceased's final tax return can result in ATO penalties charged to the estate — and potentially to the executor.
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Allowing assets to depreciate. Leaving estate property uninsured, unmaintained, or empty creates exposure if beneficiaries suffer a loss.
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Self-dealing. An executor who benefits themselves or treats one beneficiary more favourably than others can face legal action from other beneficiaries.

Can you refuse to act?

Yes — before you have started to act (before you have "intermeddled" with the estate). You can renounce your role by signing a renunciation document and filing it with the Supreme Court. Once you've started acting — attending to estate affairs, accessing accounts, giving instructions — you generally cannot simply walk away. Seek legal advice if this applies to you.

Are you entitled to be paid?

An executor who is also a beneficiary does not typically charge a fee. A professional executor (solicitor or state trustee company) will charge — typically a percentage of the estate. A non-beneficiary executor may apply to the court for commission — usually 1–3% of the estate value — to be paid from estate funds. The will may also specify an executor's fee.

Afterward
We support executors every step of the way
Afterward gives executors a personalised task list, tracks deadlines, prepares notifications, and connects you with navigators who can guide you through every stage. You're in charge — we make it manageable.
Frequently asked questions

Executor — common questions

An executor administers the estate of someone who has died. Their duties include: locating and proving the will, arranging the funeral, identifying and protecting assets, paying debts and taxes, applying for probate (if required), and distributing the estate to beneficiaries according to the will.

Yes — it is very common and generally creates no legal problem. The key duty is to treat all beneficiaries fairly, including yourself. An executor who is also a beneficiary cannot give themselves preferential treatment or information that others don't receive.

Yes — but only before you have started acting. To formally renounce, you sign a renunciation document and file it with the Supreme Court. Once you have begun acting (attending to estate affairs), renunciation is generally no longer available. If the sole executor renounces, someone else must apply for letters of administration.

Yes. An executor who distributes assets before paying all estate debts can be personally liable to creditors. Executors can also be sued by beneficiaries for failing to act reasonably, allowing assets to depreciate, missing tax deadlines, or improperly distributing the estate. Taking proper care — and good records — is essential.

There is no fixed statutory deadline, but executors have a duty to act with reasonable promptness. Beneficiaries can apply to court to compel action if the executor is unreasonably slow. Most Australian estates are finalised within 12 months of the death.

No — there is no legal requirement to engage a solicitor. Simple estates can be administered without one. However, for complex estates involving property, business interests, disputes, or unclear will provisions, a solicitor's guidance significantly reduces your personal risk.

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