Wills & Estates Lawyers › Estate Administration & Executor Duties
Estate Administration Lawyers — Guiding Executors Through Every Step.
Being named as executor is an honour — and a significant legal responsibility. Executors are personally liable for errors in estate administration. A lawyer guides executors through obtaining probate, calling in assets, paying debts in the correct order, managing disputes with beneficiaries, and distributing the estate — protecting the executor from personal liability at every step.
⚠ Executors are personally liable for distributing an estate prematurely (before debts are paid), failing to call in estate assets, and errors in the administration process. A lawyer manages the risk. Get executor support now.
What We Help With
Estate administration — from death to final distribution.
Obtaining Probate or Letters of Administration
The first step in estate administration is obtaining the grant of probate (where a will exists) or letters of administration (where there is no will) from the Supreme Court. A lawyer prepares and files the application, places the required notice, and obtains the grant — the legal authority to deal with the estate's assets.
Calling In Estate Assets
Once probate is granted, the executor must identify and call in all estate assets — including bank accounts, shares, real property, business interests, insurance proceeds payable to the estate, and other personal property. A lawyer assists with contacting financial institutions, share registries, and other asset holders to transfer assets to the estate account.
Advertising for Creditors & Paying Estate Debts
An executor must advertise for creditors (under the Trustee Act in each state) before distributing the estate. Debts must be paid in the correct order of priority — funeral expenses, then estate administration costs, then taxes, then other creditors. Distributing before debts are settled exposes the executor to personal liability to unpaid creditors.
Managing Real Property in the Estate
Where the estate includes real property — whether to be sold, transferred to a beneficiary, or held in trust — a lawyer manages the conveyancing, title transfer, and any necessary dealings with the land titles office. Where property is mortgaged, the executor must manage the mortgage until the property is dealt with.
Beneficiary Disputes & Executor Removal
Disputes between the executor and beneficiaries — about the executor's conduct, the sale price of estate assets, the timing of distributions, or the interpretation of the will — are common. A lawyer represents the executor in estate disputes and advises on when to seek directions from the court. In extreme cases, an executor can be removed and replaced by the court.
Estate Accounts & Final Distribution
An executor is required to keep accurate accounts of all estate receipts and payments and to provide accounts to beneficiaries on request. Once all debts are paid and the family provision time limit has passed, the executor distributes the estate and obtains receipts from beneficiaries. A lawyer prepares the accounts and manages the final distribution.
What the Law Requires
Executor duties — the legal obligations in detail.
The executor is a fiduciary
An executor occupies a fiduciary position — they are required to act in the interests of the beneficiaries of the estate, not in their own interests. Executor duties include: acting impartially between beneficiaries; not profiting from the position (except where the will expressly authorises an executor's commission); keeping estate assets separate from personal assets; acting promptly; and not delegating duties that should be performed personally (except to a solicitor or professional adviser for specific tasks). Breach of these duties can result in personal liability to the estate.
The executor's year
Courts recognise an "executor's year" — a period of approximately 12 months from the date of death during which the executor is expected to complete the administration of the estate and make distribution to beneficiaries. This is not a hard deadline — complex estates may take longer — but beneficiaries can apply to the court for an order for administration if the executor has unreasonably delayed without explanation. A lawyer advises the executor on managing the timeline and communicating with beneficiaries to avoid disputes.
Order of priority in paying debts
Estate debts must be paid in the correct order of priority — set out in each state's Administration Act or Succession Act. The general order is: (1) funeral and testamentary expenses (costs of administering the estate); (2) secured creditors (mortgages over estate property); (3) taxes owed by the estate (including income tax for the period of administration and any capital gains tax on estate assets sold during administration); (4) general unsecured creditors. An executor who pays debts out of order, or distributes to beneficiaries while creditors remain unpaid, can be personally liable for those debts.
Capital gains tax in estate administration
The transfer of estate assets triggers CGT considerations. The deceased's date of death is treated as a deemed disposal for CGT purposes — but there is a CGT exemption for the transfer of assets from the estate to an Australian resident beneficiary (the beneficiary inherits the cost base). Where estate assets are sold during administration (rather than transferred to a beneficiary), CGT is calculated on the sale proceeds. The 50% CGT discount is available where the asset was held for more than 12 months from the date of acquisition (or, in some cases, 12 months from the date of death). A lawyer coordinates with the estate's accountant on CGT planning.
Family provision claims — when to distribute
An executor who distributes the estate while on notice of a family provision claim — or before the time limit for making claims has expired — risks personal liability if a successful claimant has insufficient estate assets remaining to satisfy the award. In NSW, the time limit is 12 months from the date of death. An executor should not distribute until: the family provision time limit has passed; all potential claimants have confirmed they are not making a claim; or the executor has obtained a court order authorising early distribution.
Renouncing the role of executor
Being named as executor in a will does not compel a person to act. A named executor can renounce their right to probate — but only before they have "intermeddled" in the estate (taken steps to administer it). Renunciation must be in writing and filed with the probate registry. An executor who has begun acting cannot simply walk away — they must apply to the court to be discharged. A lawyer advises named executors on whether renunciation is appropriate and manages the renunciation process if so.
How It Works
One request. An estate administration lawyer takes over.
Tell us about the estate — whether there is a will, your role, the state, and the broad assets involved. A lawyer takes over the administration process and guides you through every step.
Submit Your RequestTell us about the estate
Tell us: whether a will exists; your role (executor, administrator, beneficiary); the state; the broad assets (real property, bank accounts, shares, business interests); and any disputes or complications you are aware of.
Matched to an estate administration lawyer
Your request is matched to a wills and estates lawyer experienced in estate administration in your state — including the probate application, asset calls-in, debt management, and distribution.
Administration managed from probate to distribution
A lawyer manages the full administration process — or provides support for specific stages — protecting the executor from personal liability and ensuring the estate is distributed correctly.
Common Questions
Estate administration — frequently asked questions.
How much does estate administration cost — and who pays?
Estate administration costs — including the solicitor's fees and any court filing fees — are an estate expense. They are paid from estate assets before the estate is distributed to beneficiaries. The cost varies with the complexity of the estate — a straightforward estate with a small number of liquid assets costs significantly less than a complex estate with real property in multiple states, a business interest, or disputes between beneficiaries. A lawyer provides an estimate of administration costs at the outset. Executor's commission (where the executor seeks to be paid for their work, separate from legal fees) requires either authorisation by the will or a court order.
Can I distribute gifts of specific items before the estate is finalised?
In general, specific gifts (of particular items of property named in the will — such as "my grandfather's watch to James") can be transferred to beneficiaries once probate is granted and the specific items have been identified — but only after the executor is satisfied that the estate has sufficient assets to pay all debts and liabilities. An executor should not transfer specific gifts if there is any doubt about the estate's solvency or before the family provision time limit has passed. A lawyer advises on the timing of interim distributions.
A beneficiary is demanding their share now — do I have to pay?
Not necessarily — and paying prematurely could expose you to personal liability. The executor's obligation is to distribute the estate in accordance with the will — in the correct order, after debts are paid, and after the family provision time limit has passed. Beneficiaries who are dissatisfied with the speed of administration can apply to the court for an order that the executor account or distribute — but a court will not order distribution before the administration is properly complete. A lawyer advises on managing beneficiary pressure and what obligations you actually have at each stage.