Responsibilities of an executor

An executor is the person selected by the testator (deceased person) and named in the will to manage the deceased person’s estate within the terms of the will and to protect the assets of the estate. The executor of an estate must comply with various laws and rules that govern the administration of deceased estates.

What they have to do

The responsibilities of an executor are demanding and detailed. Some estates can be complicated and executors may need to consult a legal practitioner to assist them in finalising an estate.

An executor’s responsibilities may include organising the testator’s funeral, locating the will, keeping the assets safe (eg securing properties and valuables, paying insurances etc), paying debts and taxes, selling properties and distributing the assets in accordance with the will. If any beneficiaries are under 18 years of age, the executor may be responsible for preserving assets, managing trusts and making investments on behalf of these beneficiaries.

How many executors are usual?

It is usual to name at least two executors. They can be family members and/or beneficiaries of the will. Executors must be people trusted by the testator and they need good business and organisations skills. Sometimes, other people such as legal practitioners and Public Trustees are named as executors in the will.

How long can it take to finalise an estate?

The time required to finalise an estate will depend on the circumstances of the particular estate and can vary from a few weeks to several months. However, if a legal challenge is made to an estate the process can be much longer.

The executor should contact the Australian Taxation Office as soon as possible to find out about any taxes which need to be paid by the estate.

How you can help your executor

It is a good idea to tell your executor that you are naming them in your will for this important and exacting role. Some people may not want to take on these responsibilities. They can also renounce the role (through the Court) even after the testator’s death. If beneficiaries are dissatisfied with the way an executor is handling an estate they can complain to the Courts. Executors are accountable for their handling of an estate.

It is also a good idea, as part of estate planning, to prepare a detailed list of your assets and the location of the paperwork (titles, certificates, bank statements etc) and give the list to your executor with a copy of the will. The original of the will should be kept in a safe place, usually a bank or a solicitor’s office.

Executor’s first job

Sometimes the executor’s first responsibility after the funeral and receipt of the official death certificate is to apply to the Supreme Court in the state/territory of the testator’s usual residence for a “grant of probate”. This is official recognition that the will is legally valid and gives the executor the authority to deal with the assets and liabilities of the estate. Requirements differ across the states/territories. A grant of probate may not be required in all cases. The probate offices in each state/territory can advise on local requirements. In some situations probate (public) notices have to be placed in the local paper.

Executors can get free help

Finalising estates can be become complicated for executors and the inheritance laws can be different across the states/territories. Details on the laws applying in the particular state/territory can be obtained by contacting the office of the Public Trustee.

Further complications can arise when the testator owns property in more than one state/territory.

Useful contacts

Translating and Interpreting Service (TIS)

Ph 13 14 50
(A service for people from non-English speaking backgrounds who need assistance dealing with these matters. The caller does not usually have to pay for TIS as the agency receiving the call pays.)
Visit the website

Main State/Territory Probate Offices

(Offices may be at several locations in states/territories)

NSW: Supreme Court Probate Registry
Ph 02 9320 8111
Visit the website (fact sheet and forms 90 to 121 refer)

Vic: Supreme Court Probate Registry Office
Ph 03 9603 9296
Visit the website (fact sheet and forms)

Qld: Supreme Court of Qld Probate Office
Ph 07 3247 4303
Visit the website (forms 100 to 126 refer).

SA: Supreme Court Probate Registry: Ph 08 8204 0505
Visit the website

WA: Supreme Court Probate Office
Ph 08 9421 5152
Visit the website

Tas: Registrar, Supreme Court
Ph 03 6233 3716
Visit the website
Visit the website

NT: Supreme Court Probate Registrar
Ph 08 8999 7953
Visit the website

ACT: Supreme Court Probate Office
Ph 02 6267 2707
Visit the website (fact sheet)
Visit the website (forms)

State/Territory Public Trustees

(Offices may be at several locations in states/territories)

NSW: Public Trustee of NSW
Ph 1300 364 103
Visit the website

Vic: State Trustees
Ph 03 9667 6444 and 1300 138 672 for outside metropolitan area
Visit the website

Qld: The Public Trustee of Queensland
Ph 07 3213 9288 and 1300 367 711
Visit the website

SA: Public Trustee
Ph 1800 673 119
Visit the website

WA: Public Trust Office
Ph 1800 642 777
Visit the website

Tas: Public Trustee
Ph 1800 068 784
Visit the website

NT: Wills and Public Trustee
Ph Darwin 08 8999 7271
or Alice Springs 08 8951 5493
Visit the website

ACT: Public Trustee for the ACT
Ph 02 6207 9800
Visit the website


Australian Taxation Office
Australian Taxation Office
Ph 132 861 (general inquiries)
Visit the website