Executor duties & checklist

Updated 20 August 2026 · 9 minute read

Being named executor is a job, not an honour — and legally it's a serious one. You're personally responsible for gathering the estate, protecting it, paying its debts and distributing it correctly. Done in order, it's manageable. Here's the whole job.

The duties, in order

  1. Arrange the funeral and secure the estate

    The executor has the legal say on funeral arrangements (usually alongside family wishes). Then: secure the house, cars and valuables, redirect mail, keep insurance current — an unoccupied-house insurance lapse is a classic executor mistake.

  2. Get the death certificate and find the will

    Order several certified copies. Locate the original will — solicitor's safe custody, bank, or the Supreme Court's will registry.

  3. Notify institutions and build the asset inventory

    Banks, super funds, share registries, Centrelink, the ATO, insurers, utilities. Ask each for date-of-death balances in writing — this becomes the court inventory.

  4. Apply for probate if it's needed

    Check first — then apply. The estate reimburses the costs.

  5. Collect assets and pay debts

    Open an estate bank account. Collect funds, sell what must be sold, pay funeral costs, debts and the estate's tax. Debts are paid in a legal order — insolvent-looking estates need advice before anything is paid.

  6. Distribute — at the right time

    Pay legacies, transfer property, distribute the residue, and keep full accounts. Distributing too early is the riskiest move an executor can make (see below).

Personal liability warning

An executor who distributes before the family-provision window closes — and before tax and debts are settled — can be personally liable to repay claimants from their own pocket. The windows range from 3 months (TAS) to 12 months (NSW) — check yours before distributing.

The printable checklist

Can you say no — or get help?

Yes. You can renounce before applying (the next executor or beneficiary takes over), or appoint a firm to do the legwork while you remain the decision-maker. Executors can also claim commission for the work — with beneficiaries' consent or the court's approval.

Executors don't have to do this alone

Fixed-fee firms can take the whole administration off your hands — you stay in charge, they carry the paperwork and the liability traps.

Get fixed-fee probate quotes
Am I paid for being executor?

Not automatically. You're reimbursed for expenses, and can seek commission (commonly 1–3% of the estate) with consent or court approval.

What if there are two executors and we disagree?

Executors must act jointly. Deadlocks that can't be talked out end up before the court — mediate early, it's cheaper.

Can beneficiaries force me to hurry up?

After a year (the old 'executor's year'), beneficiaries can press for distribution or ask the court to intervene if there's no good reason for delay.

Sources

  • State trustee and administration acts
  • Supreme Court probate registries — executor guidance
  • Law society executor guidance notes