Being named as an executor is a sign of deep trust. It can also feel daunting, particularly when it arrives during a time of grief. Understanding executor responsibilities before you need to act, or before you ask someone to act for you, makes the role far more manageable. This guide explains in plain language what an executor generally does in Australia, and how good executor readiness can ease the load.
Please keep in mind that laws and processes differ between states and territories. This is general information only, and a solicitor can advise on the specific requirements for any estate.
What is an executor?
An executor is the person (or people) named in a will to look after the deceased person's estate. Their job is to collect the assets, pay any debts and distribute what remains according to the will. They act on behalf of the estate and its beneficiaries, and they are expected to act honestly, carefully and in the best interests of the estate.
Where there is no valid will, a similar role is usually taken on by an administrator appointed by the court through letters of administration.
Executor responsibilities in the first weeks
The early days are often the most emotional. Many of the first tasks are practical and can be shared with family:
- Locate the will. Find the original, which may be held by a solicitor, at home or in safe custody.
- Help with funeral arrangements. Check whether the deceased left any funeral wishes or a prepaid plan.
- Secure assets. Make sure the home is safe, vehicles are secure and valuables are protected.
- Obtain the death certificate. This is usually needed by banks, insurers and other organisations.
- Notify key organisations. This may include banks, Centrelink, insurers, super funds and utility providers.
Gathering information about the estate
One of the largest executor responsibilities is building a clear picture of everything the deceased owned and owed. This typically involves:
- Identifying bank accounts, shares, property and other assets
- Finding out how each asset was held, for example in sole names or jointly
- Contacting superannuation funds and life insurers about any nominations
- Listing debts, such as credit cards, loans, tax obligations and outstanding bills
- Collecting statements, valuations and supporting documents
This step is often the most time-consuming, especially when papers are scattered or passwords are unknown. It is also where earlier planning makes the biggest difference. Our executor preparation page explains how this information can be gathered ahead of time.
Applying for probate, if needed
Probate is the court's formal confirmation that a will is valid and that the executor has authority to deal with the estate. Not every estate needs it. Whether probate is required usually depends on what the assets are and how they were held. Real estate in the deceased's sole name usually needs it, while jointly held assets usually pass to the surviving owner. Banks and other institutions set their own rules about releasing funds without a grant.
In South Australia, probate is granted by the Supreme Court of South Australia through its Probate Registry, with applications lodged online via the CourtSA portal. A notice of intended application usually must be published beforehand. Other states have their own courts and steps.
To learn more, read does every estate need probate? or visit our probate preparation page.
Whether you are choosing an executor or preparing to be one, our guided consultation covers executor readiness, document organisation and decision-makers, and includes a printable Estate Readiness workbook and personal action plan. Book an Estate Readiness Consultation
Managing and finalising the estate
Once the executor has authority, the work moves towards finalising the estate. Common tasks include:
- Collecting assets. Closing accounts, selling or transferring property and gathering funds into an estate account.
- Paying debts and expenses. Including funeral costs, outstanding bills and any amounts owed.
- Attending to tax. Arranging any final tax returns and, where needed, returns for the estate. An accountant can help.
- Keeping records. Recording every transaction so the executor can account to beneficiaries.
- Distributing the estate. Passing assets to beneficiaries as set out in the will, usually once debts are settled and any waiting periods or claims have been considered.
Executors should be cautious about distributing too early. A solicitor can advise on timing, particularly if there is any chance of a claim against the estate.
Common challenges executors face
From our experience supporting families, the hardest parts of the role are rarely the legal steps themselves. More often, they are:
- Not knowing where documents are or what accounts exist
- Balancing the role with work, family and their own grief
- Managing expectations or tensions among beneficiaries
- Dealing with many organisations, each with different requirements
None of these are signs of failure. They are simply part of a demanding role, and support is available.
Looking after yourself as an executor
Executors are often grieving too, and it is easy to put the estate ahead of your own wellbeing. Try to pace yourself, keep a simple notebook or spreadsheet of what you have done and who you have contacted, and share tasks with trusted family members where appropriate. Clear, regular updates to beneficiaries can also prevent misunderstandings, even when there is not much news to share. If the role becomes too much, it is reasonable to ask for professional help, whether from a solicitor, an accountant or someone who can help organise the paperwork.
Building executor readiness ahead of time
The best time to prepare for these executor responsibilities is while the will-maker is still well. If you are planning your own estate, you can help your executor by:
- Telling them they have been named and checking they are willing
- Recording where your will and important documents are kept
- Listing your assets, accounts, debts and advisers
- Noting your digital accounts and how they can be accessed
- Reviewing everything when your circumstances change
Our article on how to prepare your executor goes into more detail, and the Estate Readiness Workbook includes executor readiness and probate-preparation checklists you can complete at your own pace.
Where to from here
Executor responsibilities are significant, but with good preparation and the right support they become far more manageable. If you are an executor in South Australia now, our estate administration support service gathers every document into a probate-ready pack for the estate's solicitor. If you are planning ahead, we offer telehealth consultations nationally from our base in Adelaide. Care & Legacy Advisors are happy to go through the process alongside you.