What Does an Executor Actually Do in Australia?

An executor is the person named in a will to wrap up someone's affairs after they die. In practice the job generally means finding the will and the paperwork, telling the organisations that need to know, applying to a Supreme Court for probate if a grant is required, paying debts and dealing with tax, then distributing what is left to the beneficiaries and keeping records of all of it. The ATO describes the executor as the legal personal representative of the estate, and says that responsibility includes providing for any tax liabilities of the estate before its assets are distributed. (Source: ato.gov.au, checked 6 Sep 2026)

What is an executor legally responsible for?

The formal term is legal personal representative, or LPR. The ATO notes that the word legal does not mean the person has to be a legal practitioner, and that the LPR is usually the executor named in the will, or an administrator appointed by the court, which can be the next of kin. There can be more than one LPR for an estate. (Source: ato.gov.au, checked 6 Sep 2026)

The tax-related responsibilities the ATO lists are lodging a date of death tax return for the person who died where one is required, lodging a trust tax return for the deceased estate where one is required, and providing for any tax liabilities of the estate before its assets are distributed to beneficiaries. That last line puts the order of operations in writing: obligations first, distribution after. (Source: ato.gov.au, checked 6 Sep 2026)

Who do you have to tell when someone dies?

Services Australia is generally the first call, and it comes with a clock. Their guidance is that you need to tell them within 28 days when someone dies if that person was getting a payment, so their records can be updated and the person is not overpaid. That can be done by calling the Older Australians line, by completing and submitting the Advice of death form, or by visiting a service centre. (Source: servicesaustralia.gov.au, checked 6 Sep 2026)

Beyond that, Services Australia points to the Australian Death Notification Service, which it describes as a free government service to help you contact multiple organisations at once, and it publishes a Who to notify checklist to work through. It also lists what to include when you write to an organisation: the person's full name and any other names they went by, date of birth, address, date of death, and the membership, client or account number, along with your own name, contact details and relationship to them. Many will ask for a death certificate. (Source: servicesaustralia.gov.au, checked 6 Sep 2026)

Before any of that, their what-to-do page suggests finding the will and important documents, checking whether the person was an organ and tissue donor, checking guardianship arrangements for dependent children or family members, and letting family and friends know. (Source: servicesaustralia.gov.au, checked 6 Sep 2026)

Does every estate need probate?

No, and this is where a lot of executors lose weeks guessing. Inheritance in Australia is governed by state and territory law, and the ATO notes that in some states and territories you may not need probate or letters of administration to manage a small estate, while the ATO itself and many financial institutions may require one of those documents before they will release information or funds. (Source: ato.gov.au, checked 6 Sep 2026)

The Supreme Court of Victoria says the same thing in its step-by-step guide: not every estate needs a grant from the Court, and sometimes things can be managed informally. Its first step is simply working out whether a grant is needed at all. (Source: supremecourt.vic.gov.au, checked 6 Sep 2026)

A grant of probate means a Supreme Court recognises a will as legally valid and enables the executor to fully represent the estate. Where there is no will or no executor, a grant of letters of administration does the equivalent job for an administrator. Grants must be Australian, or resealed in Australia. (Source: ato.gov.au, checked 6 Sep 2026)

What does probate cost, and how do you apply?

Costs are set by each state and territory, so the honest answer is that it depends on where the application is lodged. The ATO notes that the court costs depend on the jurisdiction and that the fee is usually reimbursed from the estate. (Source: ato.gov.au, checked 6 Sep 2026)

Victoria is a useful illustration because the Court publishes its schedule. On the fee list effective 1 July 2026, posting the notice of intention to apply for a grant is $38.00, and the filing fee for an application is calculated on the gross value of Victorian assets only: nil where the estate is less than $250,000, $544.00 where it is $250,000 or more but less than $500,000, and $1,088.00 where it is $500,000 or more but less than $1,000,000, rising in bands above that. (Source: supremecourt.vic.gov.au, checked 6 Sep 2026)

There is also a waiting step that catches people out. In Victoria you must publish a notice, which the Court calls advertising your intention to apply, online at least 15 days before you lodge the application. The application itself is prepared and filed through the Court's RedCrest-Probate system, with the original will, the death certificate showing cause of death, an affidavit and an inventory of assets and liabilities. (Source: supremecourt.vic.gov.au, checked 6 Sep 2026)

Other states and territories run their own systems and their own fee scales, so check the Supreme Court in the relevant state before assuming any figure applies. Fees are also commonly reviewed each 1 July.

If you are at the start of this and want the sequence rather than the theory, the free Executor Toolkit lays out the first twelve months step by step, with notification letters and an expense tracker.

What does an executor have to do about tax?

There can be two returns, not one. The ATO describes a date of death tax return covering the period from 1 July of the income year in which the person died up to the date of death, and a separate trust tax return for income the estate receives after the death. (Source: ato.gov.au, checked 6 Sep 2026)

A date of death return is required where, in the year they died, the person had tax withheld from their income including from interest or dividends, or their taxable income was above the tax-free threshold, or they lodged returns in earlier years or had outstanding returns. Where no return is needed, the ATO asks for a non-lodgment advice form marked DECEASED with the date of death. Any outstanding returns from earlier years generally still need to be lodged. (Source: ato.gov.au, checked 6 Sep 2026)

What about superannuation?

Super is usually handled outside the will, which surprises many executors. In most cases the fund pays the balance and any insurance inside the account as a death benefit to a nominated beneficiary, and where there is a non-binding nomination or none at all the trustee can decide which dependant is paid, or can pay it to the legal personal representative for distribution under the will. (Source: ato.gov.au, checked 6 Sep 2026) There is more detail in what happens to super when you die.

How long does being an executor take?

Longer than most people expect, and the honest answer is that it varies with the estate. Even in a straightforward matter there is a sequence that cannot be compressed: obtain the death certificate, work out whether a grant is needed, advertise, apply, wait for the Court, notify and close accounts, deal with tax, then distribute. The Supreme Court of Victoria tells applicants that the review step may take some time and that they will be contacted if more information is needed. (Source: supremecourt.vic.gov.au, checked 6 Sep 2026)

There is a second reason executors are often advised not to distribute quickly. A will can be challenged after death, including by someone who believes they have not been left a fair share, and there are also disputes about validity and about how an estate is being administered. (Source: legalaid.vic.gov.au, checked 6 Sep 2026) Time limits for those claims are set by each state and territory and they differ, so an executor who is unsure when it is safe to distribute should get advice for that state rather than work from a general rule.

An executor checklist for the first few weeks

General information only, and the order will shift with the circumstances.

1. Find the will and any codicils, and check who is named as executor.
2. Obtain death certificates from the registry, and order more copies than feels necessary.
3. Tell Services Australia within 28 days if the person was receiving a payment.
4. Use the Australian Death Notification Service and the Who to notify checklist to work through banks, insurers, utilities and memberships.
5. Secure the home and any vehicles, and check that insurance stays in place.
6. List the assets and the debts, which the Court will want as an inventory anyway.
7. Work out whether a grant is needed in that state, and advertise if it is.
8. Contact each superannuation fund and insurer, since those claims can run in parallel.
9. Open a record of every expense you pay personally, because these are generally reimbursable from the estate.
10. Deal with the tax returns before distributing anything.

What actually makes this hard

It is rarely the law. Solicitors handle that corner well and are worth paying for the parts that need them. What flattens families is the hunting: nobody knows which bank, which super fund, which insurer, what subscriptions existed, where the passwords are, or what the person actually wanted. Months get spent on a search that would have taken an afternoon to write down.

That gap is not a legal problem and it does not need professional rates to close. It is a kitchen-table job.

Related guides

Keep reading: the executor's first steps, what is probate?, what happens to super when you die, and what happens if you die without a Will.

Educational content only. Not legal, financial or tax advice. Estate laws vary across Australian states and territories. Always consult a qualified professional about your specific situation.

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