Executor first steps: a Victorian checklist

When a will names you as executor, the law is rarely the urgent part. The first weeks are practical: the funeral, the death certificate, the house, the paperwork. This checklist sets out those first steps in a sensible order, what can proceed straight away, what must wait until probate is granted, and the records worth starting on day one, before you have decided anything about the estate.

1. Take a breath: very little is legally urgent

Almost nothing in an estate has to happen in the first days. The funeral needs arranging and the household needs securing; the rest of the estate will keep for a week or two while you grieve and gather yourself. You do not need probate, a lawyer or anyone's permission to work through the practical steps below, and none of them commits you to a decision about the estate. If you are not sure you even want to be executor, read step two before doing much else.

2. Find the will and decide whether to accept the role

Look for the most recent original will. It may be with the person's lawyer, in safe custody with a bank or trustee company, or at home among their papers, and many people tell their executor where it is kept. Once you have it, keep it safe and intact: do not write on it, attach anything to it or remove its staples, because an original will that looks interfered with can cause real problems when probate is applied for.

Being named as executor does not oblige you to act. If you do not want the role, get advice before you start dealing with estate assets: renouncing is straightforward while you have not begun administering the estate, and much harder once you have. Our guide to an executor's duties in Victoria explains what the full role involves, which is worth a read before you decide either way.

3. Arrange the funeral, and have the estate pay for it

The executor is ordinarily the person entitled to make the funeral arrangements, although in practice families usually decide together. Before anything is locked in, check the will: some wills record burial or cremation wishes, and they are far more useful found this week than after the funeral. The funeral account is ordinarily paid from the estate, and most banks will pay the funeral director's invoice directly from the deceased's account before probate; ask the bank what it needs. If a family member pays personally, keep the receipt, because reasonable funeral costs are generally reimbursable from the estate.

4. Register the death and get certified copies of the death certificate

The funeral director usually lodges the death registration with the Victorian Registry of Births, Deaths and Marriages as part of their service, and the death certificate arrives in the weeks after the funeral. You will need to prove the death many times over, and most institutions accept a certified copy, so once the certificate arrives have several copies certified by a lawyer or another authorised witness and keep the original somewhere safe.

5. Secure the property and keep the insurance current

Walk through what the estate physically holds and make it safe: lock the house, secure vehicles and anything valuable, and gather up spare keys. Two things catch executors here. The first is insurance: check that home, contents and vehicle policies are current, and tell the insurer if a house is now unoccupied, because an empty home can affect cover. The second is the clean out that happens too early. Well meaning relatives clearing the house in the first fortnight is one of the most common sources of estate disputes, so nothing should leave the house yet, however certain everyone feels about who was meant to have what. Australia Post can redirect a deceased person's mail to the executor, which protects against fraud and helps build the picture of the estate, statement by statement.

6. Start the estate record now

From the first dollar, keep a record as if you will one day have to show it to someone, because you may: an executor must be able to account to the beneficiaries for what came in and went out. A simple folder and a spreadsheet started this week saves genuine grief a year from now. Worth collecting as you go:

• The original will and any codicils
• The death certificate and certified copies
• Bank, credit card and loan statements
• Superannuation and life insurance details
• Property titles or rates notices, and insurance policies
• Share and investment statements
• Recent tax returns and the accountant's details
• Every estate expense and receipt, including the funeral account
• A dated note of every call and letter about the estate

7. Notify the organisations that need to know

Institutions cannot act on a death they have not been told about, and some payments should stop promptly. The Australian Death Notification Service lets you notify a number of organisations in one place. Early notifications worth making:

• The banks and any credit card or loan providers
• The superannuation fund and any life insurer
• Services Australia, where Centrelink or Medicare were involved
• The employer, where the person was still working
• Home, contents and vehicle insurers
• Utilities, the council and any subscriptions

Once a bank is notified, accounts in the deceased's sole name are generally frozen and direct debits stop. That is normal, but check what was being paid from those accounts, insurance premiums included, so nothing important lapses unnoticed. Superannuation usually sits outside the will: the fund's trustee decides who receives a death benefit unless a valid binding nomination is in place, so ask the fund early what nominations exist and what it needs. Our guide to superannuation death benefits explains how that decision works.

8. Know what must wait for probate

Knowing what cannot proceed yet protects you personally. Whether probate is needed depends on what the estate holds: institutions each set their own thresholds below which they will release funds without a grant, while real estate in the deceased's sole name generally cannot be transferred, and its sale cannot be completed, without one. Property owned as joint tenants, commonly the family home and joint bank accounts, generally passes to the surviving owner automatically and sits outside the will altogether. Above all, do not distribute anything to beneficiaries yet, however clear the will seems. In Victoria an eligible person can generally bring a family provision claim within six months of the grant of probate, and an executor who distributes before that window has closed can be personally liable if a claim then succeeds. Our guide to probate in Victoria walks through the application, and getting advice at this point, before anything is sold or paid out, is the cheapest legal advice you will ever buy.

Common questions

What if there is no will? If no will can be found, the estate is distributed under Victoria's intestacy rules and someone, usually the closest next of kin, applies for letters of administration instead of probate. Most of this checklist still applies while that is sorted out. Our guide to dying without a will explains who inherits and who can apply.

Do I have to use the lawyer who holds the will? No. The executor is entitled to the original will and chooses who, if anyone, acts for the estate. A firm that has stored the will has no claim on the work.

Am I paid for being an executor? You are entitled to be reimbursed for reasonable out of pocket expenses, which is one more reason to keep receipts from the start. Payment for the executor's time and trouble, called commission, is sometimes available, generally where the will provides for it or where the beneficiaries or the court approve it. If the estate looks heavy, raise the question early rather than at the end.

How we help

Spencer Alexander Lawyers acts for executors and families across Melbourne and Victoria, from the first week after a death through probate to final distribution. Some executors hand the whole administration over; others want confirmation they are on track and help with the hard parts. Either is a sensible way to use a lawyer. Learn more about our wills and estates practice.

This checklist 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.