What the role involves, the first things to do, and how to tell whether you’ll need probate.
Last reviewed · For readers in Australia
In short
Find the original will and the important papers first.
Not every estate needs probate. Ask each bank or asset holder whether they need it.
Take your time. An estate often takes around a year.
If you’ve been named executor, someone trusted you to look after their affairs at the end of their life. That’s an honour, and it can also feel like a great deal to carry while you’re grieving. The good news is that most of the work is steady and practical, it happens over months rather than days, and you’re allowed to ask for help with any part of it.
This guide sets out what the role involves and the first steps. It’s general information, and the details vary between states, so for anything complicated please speak with a solicitor or your state’s public trustee.
What an executor does
The Supreme Court of Victoria describes the job simply. Generally, it involves:
gathering all of the person’s assets
paying any debts
distributing what’s left to the people entitled under the will
If there’s no will, the closest next of kin usually takes on this role, as an administrator appointed by the court.
Your first steps
Find the original will. You’ll need the original, not a copy. Check with the person’s solicitor or public trustee if it isn’t at home.
Help with the funeral, if needed. The will may record funeral wishes, so read it early. Our guide to arranging a funeral explains the steps.
Get certified copies of the death certificate. Services Australia suggests making several copies and having them certified by a Justice of the Peace. You’ll need them often.
Secure the person’s home and belongings. Make sure the house is locked, mail is collected and any car is safe.
Make a list of what they owned and owed. Bank accounts, super, shares, property, vehicles, insurance policies, debts, credit cards, regular bills. Statements in the house or an email inbox are often the best clues.
Tell the people who need to know. Our guide on who to tell when someone dies has the list. If you’re the executor, Services Australia has a separate form so you can ask for the person’s information.
Do you need probate?
Probate is a court document that confirms the will is valid and that you, as executor, have authority to deal with the estate. In Victoria, the Supreme Court explains that executors named in the will apply for it, up to four of them together, and each must be over 18.
You won’t always need it. The Supreme Court of Victoria explains that:
some banks and insurers may release money without probate if the amount is small and there are no complications, though they may set conditions
assets held entirely in a joint account can often pass to the surviving joint holder with a death certificate
if the person owned real estate in their sole name, or as a tenant in common, a grant is always required
super often follows the person’s death benefit nomination, and the fund decides
The Court’s advice is to contact each asset holder and ask whether they’ll require a grant before releasing money. Every state’s Supreme Court has its own process and guides.
Tax
The ATO asks to be told of the death, and who will manage the estate, using its notification of a deceased person form, with the death certificate or a grant of probate. If you don’t have the documents yet, you can phone to let them know, and they’ll pause letters while you prepare.
To have full authority with the ATO, it says an executor needs a grant of probate from a Supreme Court. Your tax responsibilities can include:
lodging a tax return for the estate itself, if required
making sure any tax is provided for before the estate is shared out
A tax agent can help with all of this, and the ATO lets an executor appoint one.
Super and insurance
Super is often paid outside the will. Moneysmart explains that the fund’s trustee checks for a valid beneficiary nomination and decides who can receive the death benefit, which might be dependants or the estate. Contact each fund early, because claims can take time, especially if probate is needed.
Taking your time
Services Australia notes that an estate can take around 12 months to finalise, and longer if it’s complex or contested. There’s no prize for speed. It helps to keep careful records of everything you receive and pay on the estate’s behalf, and to let the beneficiaries know how things are going. A solicitor or public trustee can explain exactly what your state expects of you.
When to get help
You can do much of this yourself for a simple estate. It’s wise to get professional help if:
someone is contesting the will, or you think they might
there’s a business, a trust, a self-managed super fund or property overseas
the estate may not have enough to pay its debts
you simply feel out of your depth
A solicitor or your state’s public trustee can act for you, or help with just the parts you’d like. Being an executor is a job, and you’re allowed to share it.
Each fact in this guide was checked against these official pages on 23 October 2026. Rules and forms change, so please check the source for your own situation.
This is general information, not legal, financial, insurance or medical advice. For your own situation, please speak with a qualified professional or the official body named above.
