Being an executor is more than an honour
When someone names you as their executor, it is an act of trust. It is also the beginning of a legal role that carries real obligations, real deadlines, and real personal consequences if things go wrong.
Estate administration is the process of carrying out the terms of a Will once a grant of Probate has been obtained. It involves collecting and protecting the assets of the estate, paying all debts and liabilities, managing the six-month period during which inheritance claims may be made, and distributing what remains to the right people in the right proportions.
Our team works alongside executors at every stage, taking on as much or as little of the process as you need.
The duties of an executor
An executor has many important legal duties. These begin immediately on death, before any grant of Probate is obtained.
Immediate steps
- Notify banks, financial institutions, insurers, Centrelink, Transport SA, and the Australian Taxation Office of the death
- Take possession of and secure the assets of the estate
- Maintain insurance on assets during the administration period
- Arrange for professional valuations of assets such as jewellery, vehicles, artwork, and antiques where required
Identifying beneficiaries and entitlements
Determining who the beneficiaries are and what they are entitled to may not be straightforward. A Will may contain complex or ambiguous terms requiring interpretation. It may not dispose of all assets, creating a partial intestacy. In either case, legal advice and in some circumstances a Supreme Court application may be required.
Obtaining Probate
For most estates holding real estate or significant assets, a grant of Probate from the Supreme Court of South Australia is required before assets can be released or transferred. Our Probate page covers this process in full.
Tax obligations
The executor must file tax returns for the deceased up to the date of death, and for the estate itself during administration. Where the Will creates testamentary trusts, ongoing financial and accounting advice is essential to the lawful and effective administration of the estate.
Paying liabilities
All debts and liabilities of the deceased must be paid from the estate before any distribution is made. If an executor makes a distribution and later discovers an outstanding liability, the executor may be personally required to meet that liability.
The six-month waiting period
In most circumstances, an executor should not distribute the estate for six months from the date of the grant of Probate. This period exists to allow anyone who may have a claim against the estate, under the Succession Act 2023, to formally bring that claim.
Spouses, domestic partners, former spouses, children, grandchildren, and in some circumstances parents, siblings, and step-children may all have standing to bring an inheritance claim. A claim must be commenced in court within six months of the grant.
An executor who distributes the estate before the six-month period has elapsed, without appropriate protections in place, may be personally liable if a valid claim is later made. Do not distribute early without legal advice.
Our team advises executors on how to protect themselves during and after this period, including through advertisements for creditors and careful management of the distribution timeline.
Executor's commission and expenses
An executor is entitled to reimbursement of out-of-pocket expenses incurred in carrying out their duties. They are also entitled to a commission for their time and effort.
If the Will does not specify a commission amount, the consent of all affected beneficiaries is required, or the commission must be approved by the Supreme Court. The court’s assessment will depend on the complexity of the estate and the actual time and effort the executor invested.
When there is no Will
If the deceased died without a valid Will, an administrator is appointed by the court rather than named in a Will. The administrator’s obligations are similar to those of an executor, with additional requirements imposed because the deceased did not choose the person acting on behalf of their estate.
The Succession Act 2023 determines the order of priority for who may apply to be administrator, and how the estate is divided among surviving family members.
You do not have to do this alone
Many executors come to us having already tried to manage an estate themselves, and having discovered how complex it is. We do not judge that. We help.
Whether you need full guidance from the beginning or support with a specific part of the process, our team can step in at any point and work through it with you.
Book a conversation with our team. No obligation. No pressure. Just a clear picture of where you stand and what needs to change.
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Download our plain-language guide: Executors’ Duties in a Deceased Estate. Written for South Australians, not lawyers.