An executor's duties in Victoria: the complete checklist

An executor's duties in Victoria are to secure and gather the estate, obtain probate where needed, pay the debts, deal with tax, then distribute what remains and account to the beneficiaries. A family provision claim can generally be brought within six months of the grant of probate, and distributing before then can leave you personally liable. This checklist takes the role in order and shows where the traps lie.

In this article

1. 1. Immediately after the death
2. 2. Map the estate
3. 3. Obtain the grant
4. 4. Collect assets and pay debts
5. 5. Deal with tax
6. 6. Wait out the six months, then distribute
7. 7. Account to the beneficiaries
8. When can an executor be personally liable?
9. Is an executor paid for the work?
10. How do co-executors work together?
11. Can I say no?
12. Two questions executors ask first
13. You do not have to do this alone

1. Immediately after the death

• Support arrangements for the funeral. The executor has the legal say on funeral and burial or cremation decisions, though in practice families decide together. Reasonable funeral costs are paid from the estate.
• Secure the home, vehicles and valuables. Change locks if the house will sit empty; tell the insurer, because unoccupied homes can fall outside cover.
• Locate the original will. Check with the deceased's lawyer, bank and papers. Order death certificates through the funeral director.

2. Map the estate

Build a complete picture of assets and liabilities at the date of death: property and how it is owned, bank accounts, shares, superannuation, insurance, business interests, debts, and anything owed to the deceased. This inventory drives everything else: whether probate is needed, what the court fee will be, and what tax work is coming. Our free executor first steps checklist sets out the practical jobs of the first weeks in order. Remember that jointly owned assets and superannuation usually pass outside the will. In Victoria the role is governed by the Administration and Probate Act 1958 (Vic) together with the terms of the will.

3. Obtain the grant

Where a grant of probate is required, the application is advertised on the Supreme Court of Victoria's online system, then filed with the executor's affidavit and the inventory. Most straightforward grants issue within weeks of filing. Until the grant, your authority to deal with many assets is limited, so avoid selling or distributing anything beyond what is urgent and clearly authorised.

4. Collect assets and pay debts

With the grant in hand, close accounts, transfer or sell shares and property as the will requires, and call in any money owed. Debts are paid in a legally set order, funeral and administration expenses first, and always before gifts. If the estate might be insolvent, stop and take advice immediately; paying the wrong creditor first is one of the classic sources of executor liability.

5. Deal with tax

The executor must attend to the deceased's final personal tax return, and the estate itself may need returns for income it earns during administration. Selling estate assets can trigger capital gains consequences that careful timing avoids. We work alongside the estate's accountant so nothing is missed and nothing unnecessary is paid.

6. Wait out the six months, then distribute

In Victoria, an eligible person can bring a family provision claim generally within six months of the grant of probate. Executors who distribute before that window closes can be personally liable if a claim is then brought and the estate cannot satisfy an order, even where no claim had been threatened. The statutory protection is generally available only for distributions made after the six months without notice of a claim. The practical rule: publish the required notices, wait out the period, resolve any claims, and only then distribute. Our guide to contesting a will explains who can claim.

7. Account to the beneficiaries

Keep records from day one: every receipt, every payment, every decision. Beneficiaries are entitled to proper information, and clear estate accounts are the executor's best protection against later complaint. In our experience most estate conflict is caused less by the numbers than by silence: regular, plain updates keep trust intact.

When can an executor be personally liable?

Executors have been held personally liable for distributing early, ignoring known claims, selling assets carelessly, mixing estate money with their own, and unreasonable delay. Beneficiaries can complain about an administration that drifts well past the customary "executor's year". None of this should frighten a careful person, but it explains why the law allows executors to engage professionals at the estate's expense.

Is an executor paid for the work?

Executors are not automatically paid. The will may leave the executor a gift or authorise payment; otherwise, an executor may seek commission for their "pains and trouble": either with the fully informed consent of every beneficiary whose share the payment would reduce, which is only possible where all of them are adults with capacity, or by order of the court, which weighs the size of the estate, the work done and the care shown, and cannot allow more than 5 per cent. For a will signed on or after 1 November 2017, a clause in the will authorising payment counts only if the will maker gave written informed consent to it before signing. Under such a will, an executor who seeks payment on any basis must tell every beneficiary whose share it would reduce, as soon as reasonably practicable, the basis of the payment, how it is calculated, its estimated amount and their right to ask the court to review it, and an executor who does not do so is not entitled to commission or fees. Professional administrators charge on a different footing. If you expect the role to be demanding, it is far better to deal with payment openly at the start than to surprise beneficiaries at the end.

How do co-executors work together?

Wills often appoint two executors, commonly two siblings. One executor can apply for probate alone where the other does not wish to act for now, but once both have taken on the role they are expected to act together: land cannot be sold or transferred without every proving executor signing, and banks and other institutions will generally insist on all executors joining in. In practice that means every significant step needs both. That works well while they agree. Where relations are strained, decide early how you will divide the practical workload, keep every communication in writing, and use a single shared record of estate transactions. If deadlock threatens the administration, options range from one executor renouncing through to a court application: expensive, and almost always avoidable with early advice.

Can I say no?

Yes. Being named does not oblige you to act. You can renounce before taking any steps in the administration, letting a co-executor or the person next entitled apply instead. What you cannot easily do is start the job and then abandon it: renouncing after "intermeddling" needs the court's blessing. If you are hesitating, take advice before touching the estate.

Two questions executors ask first

Can I be reimbursed for what I spend?

Yes. Reasonable expenses properly incurred for the estate, from the funeral deposit to travel for estate business, are repaid from estate funds. Keep every receipt from day one; reimbursement without records breeds suspicion even where every dollar was honest.

How long do I have?

There is no fixed statutory deadline for completing an administration, but the customary yardstick is the executor's year, and beneficiaries can seek intervention where an estate drifts without reason. Steady progress, documented and communicated, is the standard the law expects.

You do not have to do this alone

Most executors we act for have never done the job before. Some want a checklist and a safety net; others hand us the whole administration, from the court application through asset collection and accounts to distribution, and simply approve each step. For a straightforward estate, our fixed fee for a probate application is $1,815, and for letters of administration where there is no will $2,178, each including GST, as our fixed fees page sets out. The work after the grant depends on the estate, and the estate pays for it on a written estimate you see before we begin. Start with our wills and estates page or call for a first conversation that costs nothing. If you would rather make the application yourself, the Supreme Court of Victoria website sets out the current probate forms, fees and requirements.

Sources: Administration and Probate Act 1958 (Vic).

This guide reflects the law applying in Victoria as at September 2026. It is general information only, not legal advice, and does not take your circumstances into account.