![\"Keep](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/c63f72d88cd58ee595f36841318ffc41dedb2448.jpeg\")
Keep records of your financial affairs in one safe place and tell your executors \u2013 as well as letting them know where your original will is stashed. Getty Images <\/p>\nDeaths, like births, happen every day. And when someone dies, it sets off a chain of events. There\u2019s grief, of course. Then there\u2019s paperwork.<\/p>\n
Often, the person who has died will have made a will, with instructions for how they want their worldly assets distributed. In it, they will have appointed at least one person to ensure their wishes are delivered on. This trusted person, called an executor, now has some work to do.<\/p>\n
\u201cOnce you become an executor, you are the legal representative on Earth of the deceased. You stand in their shoes, legally speaking,\u201d says Morgan Solomon, director of Perth law firm Solomon Hollett Lawyers. \u201cThis is a job of incredible legal responsibility and moral responsibility.\u201d<\/p>\n
No pressure, then.<\/p>\n
Being an executor can be a handful. Sometimes a will can be hard to find, or it ends up being contested. The person who died might have kept patchy records or none at all, says Mal Gee, head of estate management at Equity Trustees. \u201cWe certainly have people who haven\u2019t filled out a tax return for 15 years and their affairs might be all over the place.\u201d<\/p>\n
Keep records of your financial affairs in one safe place and tell your executors \u2013 as well as letting them know where your original will is stashed. Getty Images <\/p>\n
But executors don\u2019t have to go it alone. \u201cMany people assume that once they are appointed executor,\u201d says wills and estate specialist Julia Tonkin, a partner at Maddocks law firm, \u201cthey are personally responsible for understanding tax law, property transfers, superannuation, trust administration and every other complexity of the estate. In reality, the executor\u2019s role is one of oversight and decision-making \u2013 they are entitled and often expected to engage lawyers, accountants, financial advisers and other professionals to assist them.\u201d<\/p>\n
On the upside, taking on the role can be a final act of service to a loved one, even a way to ensure that vulnerable beneficiaries are protected. \u201cI haven\u2019t found it difficult, I\u2019ve just found it to be a process,\u201d says Steve Burke, a semi-retired IT professional from Melbourne who has been an executor for two family members in the past five years. \u201cI\u2019m not sure how many more times I want to do it,\u201d he laughs. \u201cI know I\u2019m named in my brother\u2019s and sister\u2019s [wills] so if that ever happens, I\u2019ll do it. I haven\u2019t found it too daunting. I just think it\u2019s part of life, so I\u2019ve accepted it \u2013 although I know some people would hate it.\u201d<\/p>\n
This Explainer does not cover every scenario an executor can encounter but it does aim to offer some insights into the executor\u2019s role. What is the scope of your responsibilities? How do you deal with curly challenges? As a will-maker, how can you help your executor before they have to swing into action on your behalf?<\/p>\n
![\"Lawyer](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/755d9aabb4ec1a49108831591d53915c8cc17de8.jpeg\")
Lawyer Morgan Solomon says an executor\u2019s role is one of \u201cincredible legal responsibility and moral responsibility.\u201d Tony McDonough The will-maker has died. What\u2019s an executor\u2019s first task? <\/p>\n
An executor\u2019s job is, in essence, to execute the wishes in a person\u2019s will. There\u2019s no legal requirement to tell someone you\u2019ve nominated them, but it\u2019s ever so helpful if you do. Either way, when the person dies it won\u2019t be long before a solicitor or a family member gets in touch with you.<\/p>\n
Once you become aware of the death, you need to find the original version of the person\u2019s will. That is, not a photocopy but the one where the signatures have been inked. Top tip: they\u2019re often held by a person\u2019s solicitor. You also need to be confident it is the most recent will the person made. A dog-eared will dated 1965 might not be a person\u2019s last.<\/p>\n
\u201cIt is essential to have the original will,\u201d says Solomon. If you don\u2019t, courts tend to presume the will-maker destroyed the original or intended for it not to be found. It will be for you to rebut this. \u201cSo if all you can find is a copy, then you can sometimes persuade the court that the original was not revoked, just misplaced \u2013 if you have enough evidence.\u201d (The\u00a0evidence<\/a> will vary according to your situation.)<\/p>\n The original will is one of the documents that you, or your solicitor, will present to the Supreme Court in your state or territory in due course, for them to grant you probate (from the Latin probatum, \u201ca thing proved\u201d) which, in effect, is a court order to say you can get on with administering the estate. You will also need to show the death certificate; an account of the person\u2019s assets and liabilities; and the contact details of anyone named in the will.<\/p>\n We\u2019ll come back to probate shortly. For now, will-makers can save their executor a stressful hunt by simply telling them where the original will is stored, as well as by keeping their will reasonably current (reflecting new relationships, for example, and ensuring named executors are still alive and well) and getting rid of old copies.<\/p>\n What if the original can\u2019t be found? Five years ago, Steve Burke and his mother, Patricia, were asked to assume control of the estate of his younger brother Wayne. The pair couldn\u2019t find Wayne\u2019s original will. \u201cIt was quite old,\u201d recalls Burke, \u201cand my father, who had arranged it for his son, had already passed away. So there was kind of no trace of it.\u201d<\/p>\n But they had copies and could tell the timeframe from the witnesses on it, \u201cso we were sure we had the right one\u201d. After thorough inquiries, he and his mother hired a lawyer to submit evidence to a court that the copy was his brother\u2019s intended will. All of this pushed out the time it took to administer the estate. \u201cIt took about 15 months in total,\u201d says Burke.<\/p>\n If there is no will \u2013 as is the case with nearly half of Australians \u2013 a person is known as dying \u201cintestate\u201d and a court will appoint someone to administer the estate, which could be an official from the state trustees or the person with the greatest entitlement, depending on each state and territory\u2019s laws. Either way, it\u2019s not the deceased\u2019s choice of executor, notes Solomon.<\/p>\n This brings us to a second important document: the death certificate. When someone dies, except in certain circumstances<\/a>, their body will usually go to a funeral director. In most cases, the funeral director will register the death with the state\u2019s births, deaths and marriages registry and apply for a death certificate. If not, that job falls to the executor.<\/p>\n It\u2019s a good idea for an executor to get certified copies of the death certificate \u2013 which they can order from the birth, deaths and marriages registry in their state \u2013 because they\u2019ll need it to administer the person\u2019s estate; you\u2019ll be asked to produce it in your dealings with all sorts of institutions, such as banks, who will want to secure the accounts against, say, third parties trying to access them.<\/p>\n It also falls to the executor to see to the short-term financial needs of the dead person\u2019s family, including sorting out payment for a funeral service and burial or cremation. The National Funeral Directors\u2019 Association says a basic cremation starts at about $4000 while a more elaborate burial service can be north of $15,000.<\/p>\n \u2018You have this kind of twilight zone where no one can act on anything between the date of death and probate being granted.\u2019<\/p>\n Mal Gee, Equity Trustees<\/p>\n Strictly speaking, once they are notified of a death, institutions such as banks will freeze all assets of the dead person until a grant of probate is made by a court. Unless someone had a joint bank account with the deceased, the only person who can access their funds is the executor. Banks will pay from an account directly to the funeral home, says Solomon. If an account balance is small \u2013 less than $10,000 \u2013 banks will generally allow it to be closed without probate. But if an account has more, banks generally won\u2019t allow release of the dead person\u2019s funds, except for the funeral, without probate.<\/p>\n By the way, will-makers, let your executor and family know the details of any prepaid funeral, funeral bond (an investment product that lets you set aside funds for a funeral) or funeral insurance (which pays a lump-sum benefit when you die) that you might have put in place.<\/p>\n Executors have to navigate all sorts of practicalities before funds can be distributed from the estate, finally. \u201cYou have this kind of twilight zone where no one can act on anything between the date of death and probate being granted,\u201d explains Gee, \u201cbecause nobody really has authority.\u201d In this twilight zone, \u201ccash flow is a challenge for the executor because there are expenses that are going to continue to be incurred,\u201d he says. \u201cOr you can rack up debt [on behalf of the estate]. You can just not pay the council rates and get notice after notice, and incur costs, charges and fees \u2013 and, ultimately, that will come out of the estate once we have assets to spend.\u201d The executor might also arrange with creditors, such as schools, to defer payment until estate funds become available.<\/p>\n Executors must make a list of the deceased\u2019s assets and liabilities at their time of death. This is where we get into \u201chire an accountant\u201d or DIY spreadsheet territory. \u201cSometimes it\u2019s not knowing what\u2019s out there,\u201d says Gee. \u201cThey might have a Sportsbet account that has $10,000 in it, so how do we get to that? Or cryptocurrency, unless you\u2019ve got the SuperPasskey, and you need the actual computer that they bought it on sometimes.\u201d<\/p>\n Will-makers can help their executors by ironing out bamboozling financial arrangements and writing down stuff. Ian Bowie, 86, from Bowral in NSW, was executor of his mother\u2019s estate decades ago. He found it straightforward because his sister, who was his co-executor, had spent time helping their mother put her affairs in order. \u201cMy sister really made it very easy for us all,\u201d he says. For his part, Bowie has redrafted his end-of-life documents to ensure his children, who are his executors, have all the information they will need. He\u2019s compiled email contacts, account numbers, passwords, periodic payments and more \u2013 seven pages of it.<\/p>\n \u2018It can be difficult \u2026 to accept that others may well have to make difficult decisions about ourselves and our property. But we should not make these things harder than they need to be.\u2019<\/p>\n Ian Bowie<\/p>\n \u201cTerrifying to do it,\u201d he says, but he advises others, especially of his vintage, \u201cI know we have to be careful with who gets to know what, and it can be difficult for oldies to accept loss of capacity as we age, to accept that we need to share information with those we trust, to accept that others may well have to make difficult decisions about ourselves and our property. But we should not make these things harder than they need to be.\u201d<\/p>\n Bowie has also told his children not to hesitate in getting professional help to manage his estate when he is gone. As Solomon reminds us, while the executor is legally responsible for getting the thousand and one tasks of estate administration done, they can delegate. \u201cAll too often we have an executor come into our office who bemoans how they have to go and mow the lawn and water the pot plants of their deceased mother\u2019s home,\u201d he says. \u201cThey can employ a gardener, or even ask a friend to go and do it. The executor does not have to actually shoulder the burden, just organise it.\u201d<\/p>\n One trick for new players relates to capital gains tax. When an inherited asset is sold, including by the executor where the proceeds go to the estate, or later by a beneficiary, \u201cthe market value of each asset (including real estate, shareholdings, jewellery, artwork and vehicles), needs to be determined as at the date of death, Equity Trustee advises. \u201cYou will also need the asset cost to calculate capital gains\/loss to be reported on the relevant tax return.\u201d Gee says to find the cost of shares and investments, his team \u201ctraces back through share registry records, any other records that the family may have \u2013 literally shoeboxes \u2013 or old bank records. You would be surprised what people keep.\u201d<\/p>\n \u2018If Dad bought the Van Gogh in 1950 and we\u2019re selling it today, do you need to get the cost base? Yes, you do. There are laws around collectables.\u2019<\/p>\n Mal Gee, Equity Trustees<\/p>\n If there are no receipts, lay executors need to make an effort to value the assets, but the numbers don\u2019t need to be perfect. \u201cIf Dad bought the Van Gogh in 1950 and we\u2019re selling it today, do you need to get the cost base? Yes, you do. There are laws around collectables,\u201d he says. \u201cIf you can\u2019t find the receipt for the Van Gogh, would you get an art collector [to value it]? Yes, that would be sufficient for the Tax Office.\u201d<\/p>\n Recent changes flagged in the federal budget in May are, for now, a watching brief. The government plans to overhaul capital gains tax and introduce a 30 per cent minimum tax on discretionary trusts from July 1, 2028, including testamentary trusts, common in wills (which is where a trust holds assets for a beneficiary rather than them holding them directly). At the time of writing, this was yet to be made law. \u201cThe prudent approach for executors is to seek professional advice, avoid premature distributions and treat the position as a \u2018watch this space\u2019 until the final rules are clear,\u201d says Tonkin.<\/p>\n Sometimes the biggest bugbear for executors is dealing with the many and varied administrative rules of organisations that had a relationship with the deceased. Melbourne man Andrew Cameron has served as an executor for his mother, his partner and a friend, and expects to be executor for his brother. The pace of dealing with institutions could be glacial, he says. \u201cWhat they wanted was provided quickly, they just didn\u2019t seem to want to invest in speeding things along,\u201d he says. \u201cThe time it took was outrageous, in my opinion. It took well over a year for a fairly straightforward estate.\u201d One tactic to expedite paperwork that he advises: \u201cIf the place has an office, go there. They can cut through so much more quickly when you\u2019re in person.\u201d<\/p>\n Related Article Executors might also have to deal with the person\u2019s shareholdings held in registries. \u201cPeople\u2019s estates can be complex, and their instructions are often unclear,\u201d says a spokesperson for share registry Computershare, which has a dedicated team to help executors. The magic numbers that share registries will ask for are the Shareholder Reference Number (SRN) or the Holder Identification Number (HIN). These are provided to the shareholder at the time they buy the shares and in subsequent documentation. Again, will-makers, keep records. Where shares are held through a broker or nominee, the executor must work directly with that broker, who is responsible for processing any transfers or sales.<\/p>\n Super doesn\u2019t automatically form part of your estate \u2013 unless it lands with your executor (in super language, your \u2018legal personal representative\u2019).<\/p>\n Where does superannuation fit in? It doesn\u2019t automatically form part of your estate \u2013 unless it lands with your executor (in super language, your \u201clegal personal representative\u201d). Super funds vary<\/a>, so check with yours. With many funds, if you haven\u2019t submitted a \u201clegally binding nomination\u201d \u2013 a form that requires two witnesses and which may need to be renewed every few years, depending on your fund \u2013 then the super fund decides who to give your money to. With a legally binding nomination, you can direct your money (or percentages of it) to a partner, a child, or a person who has lived with you in a close relationship, known as an interdependent, or to your legal personal representative, but not to friends, siblings, nieces and nephews and so on. If you opt to direct your super funds to your legal personal representative, it is then carved up according to your will \u2013 in which you might have named that niece, nephew or friend.<\/p>\n If you do nothing, or you make a \u201cnon-binding nomination\u201d, or you don\u2019t fill out the nomination form correctly, the trustee of the super fund has discretion to either give the money to one or more of your dependents anyway (a spouse, child, person in an interdependent relationship) or to your legal personal representative, who follows the instructions in your will.<\/p>\n What about closing online social media accounts? It\u2019s not particularly an executor\u2019s job. In any case, the eSafety Commission has a helpful how-to list<\/a> for those who wish to do this as well as advice for the living who have wishes in this area. (As for paper mail, Australia Post provides free mail redirection for deceased estates for up to 12 months. Executors must apply in-store, with a copy of the grant of probate.)<\/p>\n How to streamline closing accounts<\/p>\n \u00a0The Australian Death Notification Service<\/a> is a free website that helps executors close or transfer the accounts of dead people. The executor provides details about the deceased person to pass on to more than 80 organisations, including banks, super funds, utilities, insurers, councils and government departments. These organisations will then contact the executor within 10 business days to verify the executor and deceased person\u2019s information, and start the process of closing or transferring accounts.<\/p>\n Frequent-flyer points? People who would like to inherit a family member\u2019s Qantas Frequent Flyer points must apply within 12 months of the person\u2019s death. Virgin<\/a> will transfer points if the deceased member has left instructions for this to happen.<\/p>\n Another executor task: tracking down the people named in the will. Executors have to use their best endeavours or they could be liable later if, say, a missing beneficiary surfaces and wants their share. \u201cWe\u2019ll use genealogy businesses to search for people,\u201d says Mal Gee. \u201cIt\u2019s easier now than it\u2019s ever been. You can use electoral records, Google, Facebook.\u201d (Will-makers can short-circuit hassle by leaving a note of up-to-date contact details of people named in their will, especially if they are outside the orbit of family.) With a will, death certificate, financial breakdown and list of contacts in place, the executor (or lawyer) can apply for probate.<\/p>\n \u2018Often we\u2019ll meet the beneficiaries for the first time \u2026 and we\u2019ll say that this is probably a 12 to 18-month journey that we\u2019ll be on before it\u2019s all finalised.\u2019<\/p>\n Mal Gee, Equity Trustees<\/p>\n But wait, there\u2019s something else. The law leaves a window of time for people to contest a will: six months after probate in Victoria and Western Australia, for example, 12 months after the death in NSW<\/a>. Executors are required to defend any legal action against the estate, with funds from the estate. Typically, the challenges come from people who say the will-maker failed to provide for their necessary maintenance and support (known as family provision) or who argue the will was invalid because it was, say, forged or signed by the will-maker under duress. An executor can be held personally liable if they have gone ahead and distributed funds only to find a successful claim has been made on the estate.<\/p>\n All in all, administering an estate can take more than a year. \u201cOften we\u2019ll meet beneficiaries for the first time,\u201d says Gee. \u201cIt\u2019s often the family, the children, and we\u2019ll say that this is probably a 12 to 18-month journey that we\u2019ll be on before it\u2019s all finalised.\u201d<\/p>\n Once probate is granted and nobody has contested the will, we hit the downhill run: paying any debts and liabilities; reimbursing any party who has paid an estate expense from their own funds; lodging any outstanding tax returns for the will-maker. The executor distributes the estate as the will-maker set out, along with a full account of the administration of the estate to each of the beneficiaries. Then the executor can close the estate bank accounts. And have a stiff gin and tonic. Phew.<\/p>\n Executors need to be scrupulously honest, organised and patient \u2013 they have a legal duty to put the interests of beneficiaries and creditors ahead of their own. \u201cThere\u2019s usually a very, very small handful of people that you would trust with this,\u201d says Solomon. \u201cOne thing I see more frequently than I should is that there\u2019s a very large quantity of people that don\u2019t really understand what executorship is, what its actual limitations are. And they have in their head this idea that being an executor is an open chequebook. And for some people, that even extends to going so far as to deciding they\u2019re going to rewrite the will \u2026 Just not doable. It\u2019s fraud.\u201d<\/p>\n If an executor messes up \u2013 selling property under market value, for example \u2013 they can be liable<\/a> to the beneficiaries for the loss. \u201cPeople don\u2019t realise you\u2019re appointed as executor in perpetuity, so forever you remain the executor,\u201d says Gee.<\/p>\n Executors can \u201cquit\u201d by filing a form to the Supreme Court in their state, preferably before dealing with the estate. Common reasons include that they\u2019ve moved interstate or overseas, they are too busy, they don\u2019t want to deal with probable family conflict, or they are turning green at the thought of going knee-deep into tax and legal affairs. They might have no idea you named them executor in the first place.<\/p>\n \u2018If you can appoint two executors, I think that that\u2019s a great outcome. They can split the tasks up \u2026 [and] it provides a second set of eyes.\u2019<\/p>\n Lawyer Morgan Solomon<\/p>\n Appointing a professional executor can reduce tension, speed things up and ensure the will-maker\u2019s wishes are carried out in full. The sting is it costs. Equity Trustees charge between $31,000 and $35,000 to administer a typical deceased estate worth between $800,000 and $900,000. \u201cIt can be confronting for a newly deceased person\u2019s family to realise they had appointed a professional to manage their estate,\u201d says Gee, but \u201cour obligation is 100 per cent to the testator [will-maker]. We are their voice once they\u2019ve gone.\u201d<\/p>\n For those non-professionals who say yes, says Tonkin, remember that \u201cthe person who appointed you considered you to be someone of sufficient integrity, capability and care to manage their affairs after death\u201d. She advises will-makers to reduce the burden on their future executor by simplifying their affairs: get rid of redundant accounts, companies or trusts, and ensure any trust deeds and company constitutions have successor provisions in place.<\/p>\n How many executors is the right number? One equals a huge workload; three can lead to deadlocks (they must all agree on decisions, unless the will states otherwise). \u201cIf you can appoint two executors, I think that that\u2019s a great outcome. They can split the tasks up, and so reduce the labour component of each,\u201d says Solomon. \u201cBut more importantly, it provides a second set of eyes, which both increases the judgement of good decisions, but also stops malfeasance.\u201d<\/p>\n Are parents better off bypassing their children? Solomon says yes, if they wouldn\u2019t be able to get along during the often emotional process. \u201cIf you know that there\u2019s going to be this dispute, perhaps don\u2019t appoint any of them. You go to somebody else.\u201d<\/p>\n Some wills specify that lay executors should be paid for their troubles. For wills that don\u2019t, executors can apply to their Supreme Court. \u201cAn executor and trustee can apply to the court for commission for their time and trouble in dealing with an estate,\u201d says Solomon, \u201cand it\u2019s a sliding scale based on complexity and size of estate.\u201d<\/p>\n![\"Steve](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/b88c159da7ef19e44e425e599143cce7ac40ffa6.jpeg\")
Steve Burke has been an executor twice. \u201cI just think it\u2019s part of life, so I\u2019ve accepted it.\u201d Courtesy Steve Burke <\/p>\n![\"People](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/0722202f87ba2589fd9d4555a48d88a0380a819b.jpeg\")
People often leave their original will in safekeeping with their solicitor. But how is an executor to know this unless you tell them? Getty Images What\u2019s the executor\u2019s role in organising funerals?<\/p>\n![\"Ian](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/fd48dec4ac5a5ab60820836e57362a584c126b42.jpeg\")
Ian Bowie has already compiled the information his children will need to act as his executors. Edwina Pickles How do you pull together a financial inventory?<\/p>\n![\"A](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/9fe1bf5e94c9718637fa3937e0c3a39a78150933.jpeg\")
A list of accounts can help short-circuit a long discovery process.Getty Images <\/p>\n![\"Some](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/9b31c2a6078da40c9f2ce88fd25c3a5de558b40a.jpeg\")
Some items, if sold by the estate or a beneficiary later, will attract capital gains tax. But finding the original cost, to calculate any profit, can be tricky.Getty Images <\/p>\n![\"Lawyer](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/618314867c30b403ff5876874390b1d9130ec2ff.jpeg\")
Lawyer Julia Tonkin advises people to streamline complex affairs where possible before an executor has to deal with them. Courtesy Maddocks<\/p>\n![\"](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/8ca80c7695622a0d908c2aab622a35b12ebb5523.jpeg\")
<\/a><\/p>\n![\"Keeping](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/7b9a882757c77b31ec5f7dcd061cd7154b02be33.jpeg\")
Keeping share documents can save a world of hassle for your executor.Getty Images <\/p>\n![\"Mal](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/4529fbc1c9497cfd0918f87851b00cf032b2801198888b94ba48e3d5990adc65.jpeg\")
Mal Gee and his team manage deceased estates: \u201cOur obligation is 100 per cent to the will-maker.\u201d Courtesy Equity Trustees<\/p>\n![\"An](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/0e702c9b97be6373be1a3ddbeccea59c7d66f7b0.jpeg\")
An executor must use their best endeavours to track down the people named in the will. Getty Images So, how do you choose an executor?<\/p>\n
![\"](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/06\/1e4179df1b92768179da4ddd8ff97f8a737b0aac379b4cdda2ae792c9002b0ca.gif\")
<\/a><\/p>\n