Being appointed an executor is an important responsibility. It’s also a role that often comes at a difficult time, when grief and practical tasks collide. This guide explains, in plain language and with legal clarity:

• what an executor’s duties generally involve here in Queensland
• the practical steps to administer the deceased person’s estate and,
• when it’s wise to seek professional support.

If you’ve been named executor, you don’t need to manage everything alone. Obtaining probate or letters early and seeking the right legal and financial advice can protect you from being personally liable. Early advice on wills and estates can also help the estate administration process move forward efficiently. Let’s start with the duties and responsibilities of an executor of a will in QLD.

WHAT ARE THE RESPONSIBILITIES OF AN EXECUTOR OF A WILL?

An executor is the person (or people) appointed in a Will to carry out the deceased’s wishes and to manage the deceased’s estate. The scope of the role includes identifying all the assets, paying debts and taxes, applying for a grant of probate or letters of administration if needed and distributing the estate to all the beneficiaries named in the Will.

The exact scope depends on the contents of the Will and any instructions from the court. Executors act on behalf of the estate (not personally), but they must exercise all the duties carefully and in good faith.

KEY LEGAL OBLIGATIONS

• Act honestly and in good faith: put the interests of the estate and all beneficiaries before your own.
• Act impartially between beneficiaries: treat all beneficiaries fairly and according to the deceased’s wishes.
• Keep accurate financial statements: document all estate transactions and decisions.
• Avoid conflicts of interest: disclose and manage any personal interest that might affect decisions.
• Obtain legal or tax advice where appropriate: especially for tax purposes, legal issues, or time-consuming matters involving multiple organisations.

DUTIES OF AN EXECUTOR

PRIMARY DUTIES OF AN EXECUTOR

1. Locate and secure the Will and relevant documents: find and safely store the original Will and any supporting documents.
2. Organise funeral arrangements and funeral expenses if instructed: carry out any funeral wishes set out by the deceased.
3. Locate and preserve assets and personal belongings: identify, list and secure bank accounts, property, vehicles, investments and personal effects.
4. Identify liabilities: locate outstanding debts, mortgages, loans and ongoing obligations.
5. Apply for probate or letters of administration if required: prepare and file the necessary documents with the court to obtain authority to act.
6. Collect and value all assets: obtain valuations and gather any income owed to the estate.
7. Pay debts, taxes and costs: ensure legitimate liabilities are paid from estate funds in a reasonable time.
8. Prepare and provide financial statements: keep beneficiaries informed and provide final accounts before distribution.
9. The executor distributes assets to all the beneficiaries: transfers assets in accordance with the deceased’s wishes once all obligations are satisfied.

FIDUCIARY OBLIGATION TO BENEFICIARIES

An executor is a fiduciary, i.e. a person entrusted with managing another’s affairs. This means you must act with loyalty, honesty and care. You should always prioritise the estate’s and beneficiaries’ best interests, make decisions transparently, and be able to justify your actions to the parties involved.

RECOMMEND OBTAINING LEGAL ADVICE EARLY

Estate administration can involve complex legal issues, statutory obligations and tax purposes. Seeking advice from a probate solicitor or a financial advisor early will help you understand your obligations, reduce the chance of errors, and protect you from being held liable.

APPLY FOR GRANT OF PROBATE

DETERMINE WHETHER A GRANT OF PROBATE IS REQUIRED

A grant of probate or letters of administration is usually required when the deceased held assets in their sole name and those assets need to be accessed, sold or transferred. Some small or jointly held assets may pass without probate, but you should check the requirements for each asset and consider legal advice.

PREPARE PROBATE APPLICATION DOCUMENTS

You will typically need:

• The original Will and any codicils
• The deceased person’s death certificate 
• An affidavit or sworn statements about the Will and the executor named
• A comprehensive inventory of assets and liabilities

FILE THE PROBATE APPLICATION WITH THE COURT

In Queensland, probate applications are made to the Supreme Court of Queensland. The court will review documents and, if everything is in order, issue a grant giving the executor authority to act on behalf of the estate.

RECORD THE GRANT ONCE ISSUED

Once probate is granted, obtain certified copies and provide them to banks, land titles offices, and other institutions to obtain authority over the estate. A single online notification to relevant organisations can streamline this process.

ASSETS AND LIABILITIES: IDENTIFY AND PROTECT

• Compile a complete inventory of all assets and other assets: including bank accounts, property, investments, superannuation, vehicles, shares, business interests and personal belongings.
• List all liabilities of the estate: document outstanding debts such as mortgages, credit cards, loans, unpaid rates and any recent invoices.
• Secure high-value assets immediately: arrange for insurance policies and safe storage.
• Obtain professional valuations for significant assets: essential for financial statements, tax purposes and fair distribution.

LOCATE THE WILL AND RELEVANT DOCUMENTS FOR THE DECEASED’S ESTATE

• Locate the original Will promptly.
• Obtain the deceased person’s death certificate.
• Collect bank statements and recent tax returns for Australian Tax Office reporting.
• Gather property title deeds, vehicle registrations and other relevant documents.

NOTIFY INSTITUTIONS ABOUT THE DECEASED PERSON

• Notify banks and financial institutions.
• Notify government agencies, including the Australian Tax Office.
• Cancel or transfer pensions and direct debits.
• Close or freeze online accounts across multiple organisations.

PRESERVE AND MANAGE ESTATE ASSETS

• Insure estate assets where appropriate.
• Ensure any real estate is properly maintained, secured and inspected.
• Manage ongoing business interests prudently.
• Collect debts owed to the deceased.

VALUING ASSETS OF THE ESTATE

• Commission property market appraisals.
• Obtain vehicle valuations when needed.
• Value personal effects for distribution.
• Document valuation sources and dates for tax purposes and financial statements.

TAX, DEBTS AND ESTATE ADMINISTRATION

• Lodge the final tax return for the deceased.
• Pay outstanding tax liabilities from estate funds.
• Verify and pay legitimate creditor claims.
• Retain records to support tax positions and tax advice.

ESTATE ADMINISTRATION SERVICES AND SUPPORT

• Engage a probate solicitor for legal issues.
• Appoint an accountant or financial advisor for tax and financial guidance.
• Consider professional executor services if overwhelmed or if more than one executor is appointed.
• Document any service agreements signed.

DISTRIBUTING THE DECEASED ESTATE: DISTRIBUTE ASSETS

• Confirm all debts and taxes are paid before distribution.
• Prepare a clear distribution schedule for all the beneficiaries.
• Obtain signed receipts from the beneficiaries named.
• The executor distributes property titles according to legal requirements.

TIMING AND NOTICES BEFORE DISTRIBUTING THE ESTATE

• Observe statutory waiting periods before distribution.
• Publish notice of intended distribution if required.
• Hold sufficient funds for potential claims.
• Delay distribution when a claim is pending.

DEALING WITH DISPUTES AND EXECUTOR LIABILITY

• Respond promptly to caveats or formal claims.
• Seek legal advice on family provision claims.
• Retain disputed assets pending resolution.
• Document decisions to mitigate personal liability.

COMMUNICATION AND DOCUMENTATION MANAGEMENT

• Notify beneficiaries of estate progress regularly.
• Maintain a clear transaction ledger for the estate.
• Store original documents securely and accessibly.
• Provide final accounts to beneficiaries in writing.

PRACTICAL CLOSING CHECKLIST FOR EXECUTORS

1. Finalise estate accounts and reconcile balances.
2. Pay final liabilities including outstanding tax, debts and professional fees.
3. Prepare and obtain beneficiary receipts for distributed assets.
4. Apply for discharge or release from executor duties.
5. Retain estate records for the statutory retention period.
6. Deliver residual assets and confirm closure with all parties involved.

FINAL THOUGHTS AND NEXT STEPS

Acting as executor is a serious legal responsibility. You are entrusted with protecting the estate, complying with strict statutory obligations and ensuring the deceased’s wishes are properly carried out. While some estates are relatively straightforward, many involve complexities that can expose executors to financial loss or risk, personal liability or family conflict if not handled correctly. 

Taking a careful, transparent and legally informed approach is essential. The earlier you obtain the right advice, the easier it is to avoid costly mistakes, delays or disputes.

At Boss Lawyers, we work closely with executors to provide clear direction from the outset. Whether that involves applying for probate, managing creditor claims, navigating disputes or administering complex assets. Our role is to protect you while ensuring the estate is administered efficiently and in full compliance with the law.If you have been appointed as executor and are unsure of your next step, do not leave it to chance. Contact Boss Lawyers for practical, strategic guidance tailored to your situation. A short consultation now can prevent a significant risk later.