Deceased Estate Administration in Australia: A Step-by-Step Guide for Families

Being appointed as executor of someone's estate is an act of trust. It means they believed in you — in your honesty, your capability, your commitment to doing right by them and the people they loved.

It's also, if you've never done it before, a genuinely complex role that carries legal obligations and real consequences if things go wrong.

This guide gives executors — and families navigating deceased estate administration — a clear, practical overview of the process: what's required, in what order, and where the common pitfalls lie. The exact forms and court differ slightly between states and territories, but the steps below follow the same broad order everywhere in Australia.

Step 1: Locate the Will and Confirm Your Role

Before anything else, you need to find the original Will. This isn't always straightforward. Common places to look include:

• With the deceased's solicitor (who may have drafted and stored it)
• At home — in a filing cabinet, safe, or document folder
• With your state's public trustee (such as the NSW Trustee & Guardian), who offer Will storage services
• At a bank, if the deceased stored documents there

Once found, read the Will carefully. Confirm that you are named as executor — there may be alternate or substitute executors also named. If multiple executors are appointed, they generally must act jointly (unless the Will specifies otherwise).

You are not legally obligated to act as executor. You can renounce the role — but once you've taken steps to administer the estate (called "intermeddling"), renunciation becomes significantly more complicated.

Step 2: Obtain the Death Certificate

A certified copy of the death certificate is required for almost every step of the estate administration process. This is issued by your state or territory's Registry of Births, Deaths and Marriages.

You'll typically need multiple certified copies — banks, super funds, property registers, insurers, and courts all require their own. Ordering several copies upfront (usually 5–10) saves time later.

Step 3: Take Stock of the Estate

Your role as executor requires you to identify, protect, and ultimately distribute all assets and liabilities of the estate. This means conducting a thorough inventory.

Assets to identify:

• Real property (check your state's land titles registry for title details)
• Bank and savings accounts
• Investments — shares, managed funds, bonds
• Superannuation (contact each fund — super generally sits outside the estate but the fund will need notification)
• Life insurance policies
• Motor vehicles
• Business interests
• Digital assets — cryptocurrency, online accounts, intellectual property
• Personal belongings with significant value

Liabilities to identify:

• Mortgage(s)
• Credit card and personal loan balances
• Tax debts (an outstanding tax return may need to be filed as part of the administration)
• Funeral expenses (these are a priority debt of the estate)
• Any other debts owed by the deceased

Step 4: Determine Whether Probate Is Required

Probate is the formal process by which the Supreme Court validates the deceased's Will and authorises the executor to administer the estate. Not every estate requires probate — but most estates involving real property or significant bank balances will.

Financial institutions and your state's land titles registry will generally require a Grant of Probate before releasing assets or transferring property.

If there is no Will, a similar application — for Letters of Administration — must be made instead. The administrator (usually the next of kin) effectively fulfils the same role as an executor but without the benefit of the deceased's expressed wishes. If you're unsure whether a Will exists at all, our guide to dying without a Will explains how that changes things.

Step 5: Apply for Probate

Applying for probate involves filing an application with the Supreme Court in your state. The key documents required typically include:

• The original Will
• The original death certificate
• A summons (the application form)
• An inventory of the estate's assets and liabilities (the "inventory of property")
• An affidavit sworn by the executor
• Notice of intention to apply for probate (published in a legal notice at least 14 days before filing)

The process is handled through your state Supreme Court's Probate Registry. Filing fees apply and vary based on the gross value of the estate.

Once granted, probate typically takes 4–8 weeks from application (longer in complex or contested matters). An estate planning lawyer can prepare and lodge the application on your behalf, significantly reducing the administrative burden on you.

Step 6: Notify Relevant Parties

Once you're confirmed as executor (and ideally once probate is granted), you'll need to notify and correspond with a wide range of organisations. A non-exhaustive list includes:

• Banks and financial institutions
• Superannuation funds
• Life insurance companies
• The Australian Taxation Office
• Centrelink / Services Australia
• Share registries and investment platforms
• The electoral roll
• Subscription services and digital accounts
• Employers (if there are unpaid wages or entitlements)
• Real estate agents or property managers (if applicable)

Step 7: Manage and Protect Estate Assets

Between death and distribution, your job is to protect the estate. This includes:

• Ensuring property is insured (home, car, contents)
• Securing and maintaining the deceased's home if vacant
• Continuing to pay necessary outgoings (mortgage, utilities, rates) from estate funds
• Investing estate funds prudently pending distribution
• Not distributing assets to beneficiaries prematurely — you have personal liability for distributions made before all debts are paid

Step 8: Pay Debts and Taxes

Before any beneficiary receives a single dollar, all debts of the estate must be paid. The order of priority is set by law:

• Funeral expenses
• Testamentary expenses (costs of administering the estate)
• Other debts of the deceased

You'll also need to ensure the deceased's outstanding tax obligations are met. This includes filing a final tax return for the deceased (for the period from 1 July to their date of death) and potentially a tax return for the estate itself if it earns income during administration.

Distributions to beneficiaries cannot be finalised until the ATO has confirmed there are no outstanding tax liabilities. In practice, this means waiting for what's called a "clearance certificate".

Step 9: Distribute the Estate

Once probate is granted, debts are paid, and tax obligations are cleared, you can distribute the estate according to the Will.

For specific gifts (a named piece of jewellery, a sum of money, a particular property), arrange the transfer or payment directly.

For the "residual estate" (everything left after specific gifts and debts), calculate the value and distribute in the proportions set out in the Will.

For each beneficiary, obtain a signed receipt and release. This confirms they've received their share and releases you from further liability.

Step 10: Keep Records and Finalise

Your administration responsibilities don't end with distribution. You should maintain a comprehensive set of records throughout the entire process, including:

• An estate account showing all money received and paid
• Copies of all correspondence with banks, funds, and government agencies
• Receipts for all payments made
• Signed receipts from all beneficiaries

Keep these records for at least seven years after the estate is finalised — the same timeframe as tax obligations.

Common Mistakes Executors Make

Even well-intentioned executors can run into problems. The most common mistakes include:

• Distributing assets before all debts are paid: You can be personally liable for distributions made prematurely. Always pay debts first.
• Failing to identify all assets: Missing a bank account or investment can create significant problems — and legal liability — later.
• Not keeping beneficiaries informed: You have an obligation to keep beneficiaries reasonably informed. Silence breeds suspicion and disputes.
• Acting without legal advice in complex situations: Contested Wills, blended families, significant real property, or large superannuation balances all carry complexity that calls for professional legal guidance.
• Missing tax obligations: Don't assume there are no taxes to pay. Always confirm with the ATO or an accountant before distributing.

When Should an Executor Seek Legal Advice?

In simple estates — one property, a bank account, clear instructions in the Will — an executor may be able to manage many steps themselves. But legal advice is strongly recommended in any of the following circumstances:

• The Will is unclear, outdated, or potentially invalid
• There's a risk of family provision claims or Will disputes
• The estate involves a business, complex investments, or an SMSF
• The deceased had debts exceeding or approaching the value of the estate
• Beneficiaries are minors, persons with a disability, or based overseas
• The estate spans multiple states or countries
• There are competing claims or disputes between family members

The cost of proper legal advice is almost always less than the cost of getting it wrong. For a clear breakdown of what's typically involved, see our deceased estate pricing page.

Related Reading

Frequently Asked Questions