Being an Executor of a Deceased Estate carries both legalauthority and significant responsibility For many people, this is a role theyhave never performed before, and the process can feel overwhelming. To help, we’ve created a clear Executor checklist providing a practical roadmap to help you navigate your duties from in the early days through to final distribution.
What does an Executor do?
An executor is responsible for managing the deceased’s estate from the moment of death through to final distribution of their estate. Their duties include:
- Locating the will
- Organising the funeral
- Protecting and identifying estate assets
- Applying for probate (if required)
- Paying debts and ongoing expenses
- Distributing the estate to beneficiaries
Because executors can be held personally liable for mistakes, correct guidance and preparation are essential.
Executor checklist (Victoria)
A clear process from the first days through to final distribution.
1. Immediate steps (First days to weeks)
- Locate the original will
- Arrange the funeral in accordance with the deceased’s known wishes (if any). Funeral costs can usually be reimbursed from the estate.
- Secure property and valuables. Ensure the deceased home is secure, collect keys, check insurance cover, and safeguard important documents.
- Notify relevant organisations. This may include: Banks, Superannuation funds, Centrelink, Aged care, Employer, Insurance companies.
2. Gather information and documents
Before you can proceed with probate or administration tasks, collect:
- The original death certificate
- The original will and any codicils
- A full list of assets and liabilities, including:
- Bank accounts
- Superannuation
- Shares and investments
- Real estate
- Vehicles
- Personal valuables
- Outstanding debts
A complete asset list will make the probate process significantly smoother.
- Contact details of all beneficiaries
- Consult with a lawyer to obtain legal advice as to your role and duties
3. Determine whether probate is required
Not every estate needs a Grant of Probate. You will generally require probate if the deceased owned:
- Real estate in their sole name;
- Significant bank balances;
- Shares or managed funds;
- Other valuable assets held solely.
Probate may not be required if:
- All assets were jointly owned;
- The estate is modest in value;
- Institutions agree to release funds without a grant.
If unsure, obtaining advice from an experienced estate lawyer at Carew Counsel is strongly recommended. An incorrect assumption can delay the estate or create legal risk for the executor.
4. Apply for probate (If required)
Publish a advertisement of the executors notice of intention to apply. This must be posted online with the Supreme Court of Victoria.
The Court requires at least 14 days between publishing the notice and lodging your application.
Prepare the probate documents. This typically includes:
- Executor’s affidavit
- The original will and certified copy of death certificate
- Inventory of all assets and liabilities
- Supporting affidavits if needed (e.g., informal will, lost original)
Lodge the application. Once lodged with the Supreme Court of Victoria, most straightforward grants are processed within 2–6 weeks.
5. Administer the estate after probate
With the grant of probate from the Supreme Court of Victoria in hand, you can administer the deceased Estate in accordance with the terms of the deceased’ last will including:
- Collecting and closing all bank accounts
- Transferring or selling shares and investments
- Dealing with the Land Titles Office for real property
- Redeeming insurance and superannuation payable to the estate
- Paying debts, tax obligations and estate expenses
Keep detailed accounts throughout — transparency is essential, particularly where beneficiaries can request information.
6. Distribute the estate
Before distributing assets:
- Ensure all debts and bills are finalised
- Confirm that no potential claims or disputes are pending
It is common practice to wait six months from the deceased’s date of death to reduce risk of litigation
Once ready, the executor can distribute the estate in accordance with the Will:
- Transfer funds or property to beneficiaries
- Provide a distribution statement
- Obtain signed acknowledgements or receipts from beneficiaries
7. Finalise the estate
To complete your role:
- Keep estate records for at least seven years
- Finalise outstanding administration matters
- Notify beneficiaries that the estate has been fully administered
At this point, your obligations as executor are considered complete.
Why executors choose Carew Counsel
Administering an estate correctly can be complex and errors can create significant delays or personal liability. Our experienced team of Estate Lawyers can assists executors with:
- Confirming whether probate is required
- Preparing and lodging probate applications
- Advising on asset transfers and distributions
- Assisting with the Administration of the Estate including liaising preparing all documents and liaising with all institutions to call in assets
- Managing disputes, claims or missing documents
- Ensuring compliance with Victorian law throughout the process
We provide clear, supportive guidance to help executors carry out their duties confidently and efficiently.
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