Receiving a grant of probate is an important step in administering an estate, but there is still work to complete. The executor must identify and protect estate assets, deal with outstanding liabilities and distribute the remaining estate according to the will.
The main executor duties after probate include confirming your authority, collecting assets, paying debts and keeping clear records for beneficiaries. Receiving the grant does not mean the estate is immediately ready for distribution.
This guide provides general Australian information. Estate administration laws, notice requirements and claim periods vary between states and territories, so check the requirements that apply to the estate.
Confirming the grant and authority
A grant of probate confirms the validity of the will accepted by the court and the authority of the executor named in the grant. Banks, share registries and other organisations may require evidence of that authority before releasing or transferring assets.
Start by checking the grant and the will admitted to probate. Confirm the executor details, review any limitations on the grant and identify the instructions you must carry out. If wording in the will is unclear, obtain legal advice before making decisions that affect beneficiaries.
Prepare an administration checklist covering:
- Organisations holding estate assets.
- Documents each organisation requires.
- Beneficiaries and their contact details.
- Outstanding debts and ongoing expenses.
- Tax matters requiring attention.
- Notices and distribution requirements to check.
Ask each asset holder how it accepts the grant. Requirements can differ, particularly where a court issues documents electronically.
Check assets in other jurisdictions
Do not assume one grant will satisfy every organisation or land registry across Australia.
For example, the Supreme Court of Victoria explains that a grant obtained outside Victoria may need to be resealed before it can be used to deal with Victorian assets. Resealing is a court process that gives an eligible existing grant effect in another jurisdiction.
Interstate property and overseas assets are reasons to obtain advice early.
Collecting estate assets
Collecting assets means establishing what belongs to the estate and bringing it under appropriate administration. It does not necessarily mean selling everything.
Contact the relevant institutions, provide the documents they request and record the outcome of each enquiry. Estate assets may include bank balances, shares, property, vehicles, personal belongings and money owed to the deceased.
A simple asset register can help track progress:
| Information to record | Why it matters |
|---|---|
| Asset description and ownership | Helps establish whether it belongs to the estate |
| Value and valuation date | Supports accounting, tax work and administration decisions |
| Institution or location | Shows where the asset is held |
| Action required | Records whether it needs collecting, protecting, selling or transferring |
| Progress and supporting documents | Creates a clear record of what has been completed |
Separate estate assets from other benefits
Not everything connected with the deceased automatically passes under the will.
Property held as joint tenants generally passes to the surviving joint owner. Superannuation death benefits and life insurance proceeds may also be paid outside the estate, depending on the relevant arrangements.
Check ownership records, fund decisions and policy terms before including these amounts in the money available for distribution.
Protect assets while administration continues
Continue protecting property and valuables while decisions are being made. Check insurance arrangements, secure premises and tell the insurer if a property becomes unoccupied.
Keep estate money separate from your personal funds. An estate bank account can help record receipts and payments clearly.
If assets need to be sold, consider the will, estate liabilities and an appropriate sale process. Keep valuations and evidence supporting significant decisions.
Paying debts before distribution
Beneficiaries receive what remains after the estate’s liabilities and administration expenses have been dealt with. A balance in the estate bank account does not necessarily represent money available to distribute.
Identify outstanding obligations, which may include:
- Funeral and estate administration expenses.
- Loans, credit cards and unpaid accounts.
- Property rates, utilities and insurance.
- Tax liabilities.
- Valid claims against the estate.
Check the basis of each claim and keep invoices, statements and payment records. If the estate might not have enough assets to meet its liabilities, obtain advice about insolvency and payment priorities before paying creditors or beneficiaries.
Insolvent deceased estates can be administered under specific state or territory laws or, in appropriate circumstances, federal bankruptcy law.
Address the deceased’s and the estate’s tax affairs
The deceased person’s tax affairs and the estate’s tax affairs are related but separate.
A final individual tax return, often called a date of death return, may be required for the deceased. The estate may also need trust tax returns for income earned after death, such as rent, interest or dividends.
Ask a registered tax agent to check outstanding returns, estate income and the tax consequences of proposed sales or transfers. Make sure tax liabilities are paid or appropriately provided for before final distribution.
Check timing and notice requirements
There is no single Australia-wide rule allowing every executor to distribute an estate a fixed number of months after probate.
Relevant requirements can depend on the jurisdiction, potential claims, notices and the circumstances of the estate. Different periods may run from different events, including the date of death or the date of the grant.
For example, the Supreme Court of NSW explains that publishing a notice of intended distribution is optional, but it may provide protection against certain unknown claims when the applicable legal conditions are satisfied.
Before distributing, ask your solicitor to confirm the relevant requirements and whether any known or threatened claim needs to be resolved.
Keeping records for beneficiaries
Executors must maintain proper estate accounts and account to beneficiaries for their administration. Clear records help explain what the estate received, what it paid and how the remaining assets were distributed.
Keep an organised record of:
- The grant, will and relevant court documents.
- Asset inventories and valuations.
- Money received, including refunds and sale proceeds.
- Debts, expenses and tax payments.
- Sales and transfers of assets.
- Payments to beneficiaries and receipts.
- Important correspondence and decisions.
Reconcile the estate’s accounts with bank statements. Keep invoices and other evidence supporting transactions, rather than relying on a spreadsheet alone.
Give beneficiaries useful progress updates, particularly when a property sale, tax issue or unresolved claim is affecting timing.
Before final distribution, prepare accounts showing the assets collected, liabilities paid and proposed beneficiary entitlements. Record the distributions and obtain receipts.
Formal requirements for filing accounts with a court vary. For example, NSW requires verified accounts in certain circumstances, although not every estate needs its accounts formally approved by the court.
Conclusion
After probate is granted, the executor’s task is to turn legal authority into a properly completed administration. That means identifying estate assets, protecting their value, resolving liabilities and distributing the remaining estate according to the will.
A clear checklist, separate financial records and advice at key decision points can help you carry out the role carefully. Before making final distributions, confirm that tax, claims and local legal requirements have been addressed.
Frequently asked questions
How long does estate administration take after probate?
There is no fixed completion period for every Australian estate. Timing depends on the assets, outstanding liabilities, tax work, beneficiary circumstances and any disputes. Probate is one stage of administration, so receiving the grant does not establish a guaranteed payment date.
Does an executor have to pay estate debts personally?
Estate debts are generally paid from estate assets. However, an executor can face personal liability if they administer the estate improperly, including distributing assets without adequately addressing liabilities. Seek advice if there may be a shortfall.
Sources
- Supreme Court of Victoria: Grants of probate and administration. Explains what a grant confirms and the authority it provides.
- Supreme Court of Victoria: Guidance for complex applications. Includes guidance on resealing grants from other jurisdictions.
- NSW Government: Acting as an executor. Covers identifying and protecting assets, beneficiary communication and executor responsibilities.
- Legal Aid NSW: Distributing the estate. Explains estate funds, debts, distributions and potential personal liability.
- Australian Financial Security Authority: Administration of estates of deceased persons. Explains the legal frameworks for insolvent deceased estates.
- Australian Taxation Office: When and how to lodge returns for a deceased estate. Distinguishes estate trust returns from the deceased’s final individual return.
- Queensland Public Trustee: Dealing with deceased estate tax. Covers tax responsibilities and providing for liabilities before distribution.
- Supreme Court of NSW: Notice of intended distribution. Explains the optional notice and its potential legal protections.
- Supreme Court of NSW: Applying to have accounts passed and applying for commission. Explains recordkeeping, reporting and court accounting requirements.
