Being appointed as an Executor often comes at a time when you are also dealing with the loss of someone close to you.

One of the first things most executors want to understand is how involved the role will be in practice, and what is likely to be required of them.

While estate administration follows a general process, the detail can vary depending on the assets, the family situation, and any issues that arise along the way.

Getting the early steps right — particularly around identifying assets and managing timing — can make the rest of the process significantly smoother.

Understanding your role as executor

An executor is responsible for finalising a person’s financial affairs and ensuring their wishes are carried out properly.

In practical terms, this involves:

– identifying and protecting assets

– managing liabilities and expenses

– attending to legal requirements and making key decisions on sale of assets

– accounting for the tax assessable on the estate

– accounting to the beneficiaries for all assets and liabilities, as well as the costs of administration

– distributing assets to beneficiaries

 

There is also a level of personal responsibility attached to the role — particularly if assets are distributed too early or key steps are missed.

Step 1: Confirm the Will and understand the instructions

Before anything else, it’s important to make sure you are working from the correct Will and understand how the estate is intended to be distributed.

At this stage:
– confirm the latest Will
– identify the beneficiaries
– understand any specific instructions

If there is no valid Will, the estate is administered under legislation, which may lead to outcomes that differ from what the person may have intended.

Step 2: Identify and safeguard assets

A clear picture of the estate is essential before any decisions are made.

This usually includes:
– property
– bank accounts and investments
– superannuation and insurance
– personal belongings

Practical steps such as securing property, maintaining insurance and monitoring accounts should also be handled early to avoid issues later.

Not all assets are controlled by the Will

Some assets do not automatically form part of the estate.

For example:
– superannuation may be paid separately depending on nominations
– jointly held assets may pass directly to the surviving owner

Understanding this early helps ensure there is clarity around what is actually being administered, and expectations are managed from the outset.

Step 3: Applying for probate

In many estates, probate is required to confirm your authority to act.

This is common where there is property or significant financial assets.

While the process is largely procedural, preparing the application correctly helps ensure everything progresses smoothly.

Step 4: Managing debts, tax and risk

This is the stage where most issues arise — particularly in estates that initially appear straightforward.

Before any distribution:
– debts must be paid
– tax obligations must be addressed
– potential claims must be considered

This stage is about making sure the estate position is clearly understood before moving forward. Distributing assets too early is one of the most common and costly mistakes.

Aged care refunds and timing

Where a person has been in residential aged care, there may be a Refundable Accommodation Deposit (RAD).

These amounts can be significant and are often not immediately available.

In practice, this can affect when funds become available within the estate, even where other assets are ready to be dealt with.

 

Step 5: Managing the estate

Once the position is clear, attention turns to managing and, where necessary, realising assets.

This may involve:
– selling or transferring property
– managing investments
– coordinating with advisers

This is often where practical decisions may need to be made, particularly in estates with multiple assets.

Step 6: Distributing the estate

After liabilities have been addressed and the estate position is clear, distribution can proceed.

One of the most common pressures executors face is being asked to distribute funds early. In most cases, it is safer to wait until everything is properly finalised.

Clear records, transparency and appropriate communication with beneficiaries help ensure the process runs smoothly.

Do you need a solicitor?

 

Many executors start out intending to manage the process themselves. In simpler estates, this can be workable.

However, where there are multiple assets, timing issues or family dynamics involved, the process can become more complex than expected.

In practice, many families choose to have the administration managed or supported so that:
– risks are identified early
– communication is handled objectively
– the process runs efficiently
– key decisions are made with clarity

When to Seek Assistance

 

Estate administration is often more involved than it first appears, but it is also a process with a clear structure.

With a practical understanding of what is involved — and the right support where needed — most executors are able to move through the process with clarity and confidence, knowing that key risks have been addressed along the way.

If you would like support with the next steps, our team are here to help.

Please contact our office or phone us on 07 3839 7555 to arrange a confidential discussion.

 

Further information

Estate Administration – Perspective Law

Can Someone Challenge a Will? What Families Should Know

Estate Administration in Complex Family Situations