Deceased Estate Administration in Australia: A Complete 10-Step Guide

Author: Abbey John
Reviewed by: Abbey John, Principal Lawyer
Published: [Genuine publication date]
Last reviewed: [Genuine legal-review/update date]
Jurisdiction: General Australian information — state and territory laws differ.

Losing someone close to you can be an emotional and difficult experience. When you are also responsible for managing their estate, there can be many practical and legal matters to address.

Deceased estate administration generally involves identifying the deceased person’s assets and liabilities, dealing with relevant organisations, addressing debts and expenses, and distributing the estate according to the Will or applicable laws.

The process can differ depending on the circumstances of the estate and the Australian state or territory involved. This guide provides a general overview of some of the steps an executor or administrator may need to consider.

1. Locate the Will

One of the first steps is to locate the deceased person’s most recent Will.

The Will may identify:

• The beneficiaries
• The executor
• Specific gifts
• How the remaining estate should be distributed
• Other instructions left by the deceased

If you cannot locate the Will, you may need to contact the deceased person’s solicitor, law firm, trustee service or other organisation where important documents may have been stored.

It is important to establish whether the document located is the most recent valid Will before taking steps to administer the estate.

2. Notify Relevant Organisations

Various organisations may need to be notified following a person’s death.

Depending on the circumstances, these may include:

• Banks and financial institutions
• Superannuation funds
• Insurance companies
• Government agencies
• Utility providers
• Employers
• Financial advisers
• Property managers
• Other relevant service providers

Keeping a record of notifications and correspondence can help the executor keep track of the administration process.

3. Identify the Estate’s Assets

The executor or administrator generally needs to establish what assets the deceased owned and determine how those assets should be dealt with.

Assets may include:

• Real estate
• Bank accounts
• Shares and investments
• Vehicles
• Jewellery
• Personal belongings
• Business interests
• Certain insurance benefits
• Other property

Not every asset necessarily forms part of the estate in the same way. For example, some assets may be held jointly or may be dealt with under separate arrangements.

Obtaining legal advice can help clarify how particular assets should be treated.

4. Identify Debts and Liabilities

Estate administration also involves identifying debts and other financial obligations of the deceased.

These may include:

• Mortgages
• Personal loans
• Credit cards
• Utility bills
• Tax liabilities
• Business debts
• Other outstanding obligations

Debts and legitimate estate expenses generally need to be addressed before the estate is distributed to beneficiaries.

5. Determine Whether Probate Is Required

In some circumstances, an executor may need to apply for a Grant of Probate before certain estate assets can be dealt with.

Probate is a court process that confirms the validity of the Will and formally recognises the executor’s authority to administer the estate.

Whether probate is required can depend on the nature and value of the estate, the assets involved, the requirements of financial institutions and other organisations, and the applicable jurisdiction.

The rules and procedures for probate differ between Australian states and territories. If you are unsure whether a grant is required, obtaining legal advice can help determine the appropriate process.

6. Protect and Manage Estate Assets

Estate assets may need to be protected and maintained while administration is underway.

Depending on the circumstances, the executor may need to:

• Secure a property
• Maintain appropriate insurance
• Pay necessary property expenses
• Manage investments
• Protect valuable belongings
• Maintain essential services
• Arrange necessary property maintenance

Executors should take appropriate steps to protect estate assets while they are responsible for administering the estate.

7. Deal With Tax and Financial Matters

Tax and financial matters may form an important part of estate administration.

Depending on the circumstances, the executor may need to consider the deceased person’s outstanding tax obligations, income earned by the estate and other relevant taxation matters.

Tax issues can become more complex where property, investments, businesses or trusts are involved. Appropriate accounting or tax advice should be obtained where necessary.

Estates Now provides legal advice. Tax, accounting, financial and investment advice should be obtained from appropriately qualified advisers.

8. Deal With Specific Gifts

If the Will contains specific gifts, these should be identified and dealt with according to the terms of the Will.

For example, the deceased may have left:

• Jewellery to a family member
• A vehicle to a particular person
• Money to a friend
• Artwork to a relative
• A gift to a charity

The executor should follow the terms of the Will and keep appropriate records of how specific gifts are dealt with.

9. Distribute the Remaining Estate

After debts, expenses and other necessary matters have been addressed, the remaining estate can generally be distributed according to the Will.

This remaining part of the estate is commonly referred to as the residue of the estate.

The executor should ensure that distributions are made in accordance with the Will and maintain appropriate records of the assets and funds distributed.

If there is no valid Will, the estate may instead be distributed according to the intestacy laws applying in the relevant Australian state or territory.

10. Finalise the Estate

The final stage involves completing outstanding administration and keeping appropriate records.

This may include:

• Closing estate bank accounts
• Finalising outstanding bills
• Addressing outstanding tax matters
• Transferring or selling assets
• Distributing remaining funds
• Keeping records of transactions
• Closing relevant accounts
• Completing other outstanding administrative matters

The complexity and duration of estate administration can vary significantly depending on the size and structure of the estate.

How Long Does Deceased Estate Administration Take?

There is no single timeframe that applies to every deceased estate.

A straightforward estate may be administered relatively quickly, while estates involving property, businesses, complex family circumstances, disputes, overseas assets or taxation issues may take considerably longer.

Delays can also arise when obtaining documents, communicating with financial institutions, resolving issues between beneficiaries or completing court processes.

The applicable requirements and timeframes may also differ between Australian states and territories.

What If There Is a Dispute?

Disputes can sometimes arise between beneficiaries, family members and executors during estate administration.

Issues may include:

• The validity of a Will
• The interpretation of a Will
• The distribution of assets
• Claims against an estate
• Decisions made by an executor
• Disagreements between family members

If a dispute arises, obtaining appropriate legal advice early may help clarify the available options and avoid unnecessary complications.

Grant of Probate and Full Estate Administration

Obtaining a Grant of Probate is not necessarily the same as administering the entire deceased estate.

A grant may establish an executor’s authority to deal with the estate, but the broader administration process can involve identifying and protecting assets, addressing liabilities, dealing with beneficiaries, transferring or selling property and completing other necessary steps.

The work required will depend on the circumstances and scope of the matter.

Estate Administration With Estates Now

Administering a deceased estate can involve a range of legal and practical responsibilities. Understanding the process and identifying the steps that apply to a particular estate can make the administration easier to navigate.

Estates Now can provide legal guidance in relation to deceased estate administration and help you understand the legal steps relevant to your circumstances.

Whether an estate involves straightforward assets or more complex matters such as property, multiple beneficiaries or family considerations, appropriate legal guidance can help you approach the process with greater clarity.

Need assistance with a deceased estate? Contact Estates Now to discuss your circumstances and understand your next steps.

This article provides general information only and is not a substitute for legal, financial or taxation advice. Estate administration requirements, probate processes and court procedures can differ between Australian states and territories.