Executor duties checklist for Victoria

Work through the stages in order, but expect overlap. Tick items only when they are complete and keep the evidence on file. Where an item is marked as needing advice, it is a point where executors commonly incur personal risk. For the legal basis of each duty, including the inventory and accounts duty in section 28 of the Administration and Probate Act 1958 (Vic), see executor advice.

• Locate the original will and any codicils; store them securely and do not unstaple or mark them.
• Search for any later will, including with law practices and safe-custody holders.
• Confirm whether you are willing and able to act. Do not deal with estate assets until you decide, because acting can prevent a later renunciation.
• Secure real estate: locks, keys, utilities and insurance. Tell the insurer the owner has died.
• Secure vehicles, valuables and important documents.
• Notify key institutions of the death and stop regular payments that are no longer appropriate.
• Redirect mail where appropriate and keep a record of what arrives.
• Record funeral expenses and who paid them.

• Obtain a certified death certificate showing cause of death.
• List every asset with its holder, reference, ownership type and date-of-death value.
• Complete title searches for land to confirm sole, tenant-in-common or joint ownership.
• List every debt and liability, including tax, with supporting statements.
• Identify assets outside the estate, such as jointly held property and superannuation, and note who deals with them.
• Identify all beneficiaries and any people who may have a claim.
• Identify the deceased's tax position, including unlodged returns.
• Start a decision log and a single receipts-and-payments ledger.

• Ask each asset holder whether it requires a grant; see when probate is required.
• Confirm the co-executors' positions: applying, renouncing or reserving power.
• Publish the notice of intention through RedCrest-Probate and wait at least 15 days before filing.
• Prepare, sign and file the application; post the originals as instructed. See how to apply.
• Respond fully to any requisition.

• Open an estate account where appropriate and pay estate receipts into it.
• Collect assets using the grant; keep copies of every closing statement.
• Decide, with appropriate advice, whether real estate is transferred or sold; keep it insured meanwhile.
• Pay proper debts and administration expenses from estate funds, with receipts.
• Consider whether the estate may be insolvent before paying any creditor in full; obtain advice if so.
• Arrange the deceased's final tax return and any outstanding returns; consider estate trust returns.
• Obtain advice on capital gains tax and duty for property transfers where relevant.

• Confirm all known debts are paid or provided for.
• Confirm tax obligations are complete or adequately reserved for.
• Consider the family provision position under section 99, including any notice of a claim.
• Remember section 49: you are not bound to distribute before one year after death, but it does not require distribution to be delayed for a year.
• Prepare estate accounts showing receipts, payments and the proposed distribution.
• Hold appropriate reserves for costs, tax and uncertain liabilities.
• Check each beneficiary's identity and entitlement; take advice for minors or incapable beneficiaries.

The reasoning behind these steps is in when an estate can be distributed.

• Distribute in accordance with the will or the intestacy rules and the accounts.
• Obtain signed receipts, and releases where appropriate.
• Transfer or sell land through the proper Land Use Victoria transaction.
• Close the estate account after final payments.
• Keep the estate file. Decide how long to retain records by reference to tax, legal and risk considerations, not a single fixed period.

A good estate file allows anyone to reconstruct what the executor did and why. It protects the executor if a beneficiary asks questions years later, and it makes tax and accounting work quicker.

Where there are two or more executors acting, agree early on how decisions will be made and recorded, who holds the original documents and who operates the estate account. Executors generally need to act together, so a practical protocol reduces delay. If co-executors disagree on a significant point, record the disagreement and obtain advice rather than one executor acting alone. The legal framework for co-executors is explained in executor advice.

Beneficiaries are more likely to accept delays and decisions when they understand them. Send short written updates at meaningful points: after the grant, after assets are collected, when tax work is complete and before distribution. Explain what is outstanding and why. Avoid promising dates that depend on the Court, institutions or the ATO.

We can take on the whole administration, or support an executor at the points of highest risk: the grant application, property, tax coordination, claims and the pre-distribution review. An executor remains responsible for the administration even when using advisers.

Make an enquiry