Being named as an executor is an honour, although many people feel overwhelmed when they first learn what the role involves. An executor carries important responsibilities from the moment a person passes away. The law sets clear expectations for how an estate should be administered, and understanding these requirements helps you carry out your role with confidence.
If you have been appointed as an executor in New South Wales, this guide walks you through your key legal duties, the practical steps involved, and the liabilities that may arise if something goes wrong. It also covers where to find support and how to protect yourself when making decisions on behalf of the estate.
What Does an Executor Do?
An executor is responsible for administering a deceased person’s estate according to the instructions in their will and the laws that apply in NSW. You step into a position of trust and must act in the best interests of the estate and the beneficiaries.
Core responsibilities usually include:
- Securing property and personal belongings
- Applying for a grant of probate when required
- Identifying and contacting beneficiaries
- Paying valid debts and liabilities
- Distributing assets according to the will
- Keeping accurate records throughout the process
These tasks vary depending on the complexity of the estate. A simple estate may take only a few months to finalise. Others, especially those involving property, businesses, or family disputes, may take longer.
For more detail on estate matters generally, you can read our guide on Wills and Estates.
Applying for Probate
Most executors need to apply for a grant of probate before starting the formal administration. Probate is the Supreme Court’s confirmation that the will is valid and that you are authorised to manage the estate.
The NSW probate process requires you to:
- Publish an online notice of intention to apply
- File a formal application with the Court
- Lodge the original will and supporting documents
- Provide an inventory of the deceased’s property
The Court’s probate requirements are outlined by the Supreme Court of NSW. You can view the relevant rules here.
Once probate is granted, financial institutions, land registries, and other parties will recognise your authority.
Managing Estate Assets and Financial Affairs
After probate, your responsibilities usually shift to collecting assets and organising finances. Common steps include:
- Closing bank accounts and transferring balances to the estate
- Confirming ownership of property, vehicles, or business interests
- Arranging valuations where necessary
- Managing investments during the administration period
- Paying outstanding debts, including tax obligations
Executors must comply with Australian tax law when handling estate taxation matters. The Australian Taxation Office provides guidance on estate tax responsibilities.
If the estate includes property, you may also need legal support with conveyancing or leasing matters. Keeping organised records from the start makes these tasks easier to manage.
Communicating with Beneficiaries
Open and respectful communication helps everyone understand the progress of the estate. Beneficiaries have a right to receive certain information, especially regarding:
- Expected timeframes
- Estate expenses
- Any complications or delays
- Their individual entitlements
Clear communication reduces stress and helps avoid conflict. You are not required to provide every detail immediately, although maintaining transparency is recommended.
Handling Debts and Claims Against the Estate
Before you distribute assets, you must ensure the estate can meet all valid debts and liabilities. These may include:
- Funeral expenses
- Outstanding personal loans
- Credit card balances
- Tax debts
- Unresolved legal claims
If a claim is made against the estate, you must deal with it fairly and in line with NSW succession law. In some cases, people who believe they did not receive adequate provision from the will may apply to the Court under the Succession Act 2006 (NSW).
Failing to resolve debts before distributing assets can expose you to personal liability, which is why this stage requires care.
Executor Liabilities You Should Be Aware Of
Executors may be held personally accountable when estate administration is mishandled. Liability usually arises from decisions that cause financial loss or breach the executor’s duties.
Examples include:
- Distributing assets before debts are finalised
- Mismanaging investment accounts
- Failing to secure property, resulting in damage or loss
- Ignoring valid claims made against the estate
- Acting in your own interests rather than the interests of the beneficiaries
Liability does not usually apply when an executor makes reasonable, well-informed decisions in good faith. Seeking legal advice during complex or unclear situations helps ensure you act within the law.
Can an Executor Be Removed?
Courts rarely remove executors, although removal can occur if an executor:
- Fails to act
- Causes significant delays
- Mismanages estate funds
- Acts dishonestly
- Refuses to communicate
- Shows clear conflict of interest
The Court’s main concern is protecting the beneficiaries and ensuring the estate is properly administered. If you feel unable to complete the role, you can renounce executorship before probate is granted.
Practical Tips for First-Time Executors
Administering an estate is a responsibility many people undertake only once in their lifetime. The process can feel unfamiliar, so the following practical steps often make the role more manageable.
Stay Organised
Create a clear file system for:
- Receipts
- Bank statements
- Court documents
- Valuations
- Correspondence
Good record-keeping protects you if questions arise later.
Seek Professional Support Where Needed
Executors often work with:
- Lawyers
- Accountants
- Real estate agents
- Financial advisers
Professional advice helps you meet your obligations while avoiding unnecessary risk.
Be Patient
Estate administration can take time. Property sales, tax matters, or contested claims may delay final distribution. Setting realistic expectations early helps everyone understand the timeline.
Communicate Clearly
Keep beneficiaries updated. Even a short message explaining progress can prevent misunderstandings.
Key Executor Duties at a Glance
| Stage of Administration | Core Duties |
| Immediate Tasks | Secure property, organise the funeral, locate the will |
| Probate Process | Publish notice, file application, prepare inventory |
| Managing Assets | Close accounts, collect funds, arrange valuations |
| Paying Debts | Confirm liabilities, resolve claims, comply with tax law |
| Distribution | Transfer assets according to the will, finalise accounts |
Support for Executors Who Need Guidance
Handling an estate can feel unfamiliar, especially when you are dealing with grief at the same time. You do not need to manage this process alone. Support is available to help you understand your responsibilities, navigate conflicts, prepare documents, and make informed decisions.
Speak with Us for Clear and Supportive Guidance
If you have been appointed as an executor or need help managing an estate, you can reach out for guidance tailored to your situation.
We can help you understand your obligations, protect yourself from liability, and carry out the estate administration with confidence.
Contact us to arrange a free consultation and discuss your next steps.
