A practical guide to help you carry out your duties with clarity and confidence.

Being Appointed as an Executor

Being named as an executor of a Will is a significant responsibility—and often a great honour. However, it’s important to know that executors carry legal duties and can be held personally liable for mistakes.

This guide outlines your key responsibilities and rights, helping you confidently navigate the estate administration process.

Your 6 Key Responsibilities as an Executor

1. Apply for Probate

Before you can act on behalf of the estate, you’ll need to apply for a Grant of Probate from the Supreme Court.
This legal document confirms:

The Will is valid; and
You have authority to manage the estate.

Without probate, many institutions (banks, share registries, etc.) won’t release the deceased’s assets.

2. Preserve the Estate’s Assets

You are responsible for safeguarding the estate until the assets can be distributed. This includes:

Securing and insuring property (e.g. houses, vehicles, valuables).
Keeping funds in interest-bearing accounts; and
Avoiding unnecessary asset depreciation.

3. Gather Assets & Pay Liabilities

You’ll need to collect and value all assets, and settle any debts. Useful documents include:

Bank/credit card statements (last 2 years);
Property titles and mortgage docs;
Rates notices;
Insurance policies;
Investment certificates;
Vehicle registration and insurance;
Funeral and medical invoices; and
Any documents related to loans, debts, or entitlements.

This can take time, and working with professionals (accountants, lawyers) can be helpful.

4. Handle Legal Challenges (if they arise)

In the rare event of a Will dispute, you may need to defend the estate in court as its legal personal representative.

Common disputes include:

Family Provision Claims (when someone feels unfairly left out or underprovided for); and
Caveats over the Grant of Probate (if someone challenges your right to act as executor or the validity of the Will).

If a claim seems likely, seek legal advice early. You may be personally liable for some claims.

5. Manage Tax Affairs

You are required to finalise the deceased’s tax obligations, including:

Notifying the ATO of their passing;
Lodging their final individual tax return; and
Filing a trust tax return for the estate (if it earns income during administration).

We strongly recommend working with an Accountant for this step.

6. Distribute the Estate

Once all debts, taxes, and claims have been handled, you can distribute the estate in accordance with the Will.

Before distributing:

Ensure all assets are accounted for and preserved;
Wait for statutory contestation timeframes to pass; and
Finalise all tax matters.

Only then should assets be transferred to the beneficiaries.

Your Rights as an Executor

Right to Compensation

You are entitled to apply for executor’s commission, especially if the administration process is lengthy or complex.

Commission is usually 0.5% to 3% of the estate’s value, depending on the work involved. Approval must be prescribed in the will or approved by the beneficiaries or be granted by the Court.

Right to Decline the Role

You are not legally obligated to accept the role of executor. If you choose to step down:

Another named executor can take your place; or
If no other executor is named, a court-appointed administrator can be assigned.

Executor’s Guide: Your Responsibilities When Administering a Will