Probate and Estate Administration: A Step-by-Step Guide for Executors

If you have been named as an executor in a will, or a loved one has died without a will, understanding the probate and estate administration process is essential. Probate is the legal process by which a court confirms a will's validity and grants the executor authority to administer the deceased's estate. This guide applies to executors, administrators, and beneficiaries across Australia, noting that procedures vary between states and territories.

Begin by locating the original will and any codicils (formal amendments to a will). You will also need the death certificate, which is issued by the relevant state or territory Registry of Births, Deaths and Marriages. Compile a full inventory of the deceased's assets — including property, bank accounts, investments, and superannuation — as well as any liabilities such as debts or mortgages. Gather recent financial statements, title documents, and details of any jointly held assets, as these may pass outside the estate.

Before applying for probate, most Supreme Courts require you to publish a notice of intention to apply. In most states, this is done through an online probate notice register or a local newspaper. The notice period is typically 14 days, allowing creditors and interested parties to raise objections. Notify major asset holders — such as banks and the Australian Taxation Office — of the death, and obtain date-of-death valuations for significant assets.

Apply for a Grant of Probate (or Letters of Administration if there is no will) through the Supreme Court in the state or territory where the deceased was ordinarily resident. You will need to lodge the original will, death certificate, an inventory of assets and liabilities, and a completed application form with the applicable filing fee, which varies by jurisdiction. If the estate is straightforward and under a certain threshold, some states offer a simplified or informal administration process. Limitation periods for probate applications are generally not fixed, but unreasonable delay can create complications, and creditors generally have time limits under relevant state law.

Once the Grant of Probate is issued, you have legal authority to collect assets, pay debts, and distribute the estate according to the will. Executors must pay all valid debts and taxes — including any capital gains tax obligations — before distributing to beneficiaries. Final distribution should be accompanied by a formal estate account provided to beneficiaries. Executors who fail to administer the estate properly may face personal liability or court-ordered removal.

• Distributing assets before all debts and taxes are settled
• Failing to search for unknown creditors before finalising the estate
• Missing the notice publication period required by the court
• Overlooking superannuation, which is usually dealt with separately from the estate
• Not keeping detailed records of all transactions made on behalf of the estate
• Treating jointly owned assets as part of the estate when they pass by survivorship
• Acting on verbal instructions rather than the written terms of the will

Probate typically takes between four weeks and several months, depending on the complexity of the estate and the workload of the relevant Supreme Court. Contested estates or those with overseas assets can take significantly longer.

Not always. Small estates or assets held jointly may not require a formal grant. Financial institutions have their own thresholds — often between $15,000 and $50,000 — below which they may release funds without probate.

When a person dies without a valid will (intestate), the estate is distributed according to intestacy laws under relevant state or territory legislation. An eligible family member can apply for Letters of Administration to manage the estate.

Yes. A beneficiary or interested party can apply to the Supreme Court to have an executor removed if they are acting improperly, failing to administer the estate, or have a conflict of interest.

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This article provides general legal information only and does not constitute legal advice for your specific situation. Laws vary by state/territory. Consult a qualified lawyer for advice tailored to your circumstances.