Being named an executor is often a surprise, and the responsibility can feel heavier than people expect — particularly while they’re also grieving. There’s no need to know everything on day one; understanding the general shape of the role makes it far less daunting.
Where Executor Authority Actually Comes From
An executor’s authority technically comes from the will itself, but in practice, most banks, share registries and government agencies won’t release significant assets without a grant of probate, formal recognition of the Will and the executor’s authority, issued by the NSW Supreme Court.
Step 1: The First Few Weeks
Early priorities typically include locating the original Will, arranging the funeral (the executor generally has the legal right to do this, even over family disagreement), notifying key organisations (banks, Centrelink, super funds), and securing the deceased’s property and valuables.
Step 2: Applying for Probate
Once the immediate priorities are handled, the executor (usually through a solicitor) applies to the Supreme Court of NSW for a grant of probate. This typically involves publishing a notice of intention to apply, then filing the application with supporting documents. Processing times vary, but it’s rarely instant; this is worth explaining to beneficiaries early to manage expectations.
Step 3: Identifying Assets, Debts and Tax
With probate granted, the executor can call in the estate’s assets, and must identify and pay any debts and tax liabilities before distributing anything to beneficiaries. This includes lodging a date-of-death tax return if required. Executors who distribute before debts are settled can be personally liable for the shortfall.
Step 4: The Waiting Period Before Distribution
Executors generally wait a period after obtaining probate before distributing the estate, to reduce (though not eliminate) the risk of a family provision claim or unknown creditor emerging. Distributing too early is one of the most common ways executors expose themselves to personal risk, even with good intentions.
Step 5: Final Distribution and Accounts
Once debts, tax and any claims are resolved, the executor distributes the estate according to the Will and should keep clear records or accounts of what was received and what was paid out, this protects the executor as much as it informs beneficiaries.
This article is general information only and is not legal advice. Laws change and every situation is different, please seek legal advice specific to your circumstances.
Speak With Our Probate & Estate Administration Team
If you’ve been named an executor and aren’t sure where to start, our Probate and Estate Administration team can guide you through it step by step. Call us on (02) 9523 5535 or get in touch online.
