Executor toolkit

Look after yourself first. None of this has to happen today.

• Get the death certificate

  The funeral director usually registers the death with the Registry of Births, Deaths and Marriages in the state or territory where the person died, and can apply for the death certificate for you. If there's no funeral director, you register the death yourself. Many organisations will ask for it as proof of death.

  • myGov: How to register a death (opens in a new tab)
• Find the Will

  Start at their home. If it isn't there, ask their lawyer, their bank, their accountant or financial adviser, and the public trustee in their state or territory. Keep the original somewhere safe, as the court usually needs the original, not a copy. If there's no Will, the next of kin usually looks after the estate.

  • Legal Aid NSW: Searching for the Will (opens in a new tab)
• Keep the home and valuables safe

  Lock up, gather the spare keys, and keep valuables and important papers together. Check that the home and car insurance is still in place. It's best not to sell or give anything away yet.

  If you're the executor or administrator, you may be able to redirect their mail for free for up to 12 months. You apply in person at a Post Office.

  • Australia Post: Mail redirection for a deceased estate (opens in a new tab)

Let family, friends and organisations know. You don't have to tell everyone at once.

• Tell the people and organisations who need to know

  Our free Who to tell tool helps you work out who needs to know, such as Services Australia, the ATO, banks, super funds and utilities, and drafts a message for each one.

  • Open Who to tell

Gather what they owned and what they owed. Rough values are fine for now.

• List what they owned and owed

  Note each asset, such as their home, bank accounts, shares and car, and each debt, such as a home loan, credit cards and bills. Use the list below. It stays on this device and prints with your plan.

  • Legal Aid NSW: What are assets and debts (opens in a new tab)
• Check what they owned with someone else

  Money in a joint account usually goes to the other account holder. Property owned as joint tenants usually passes to the other owner without probate. Property owned as tenants in common is different, so check the title. If they had a joint home loan, the other borrower still needs to keep up the repayments.

  • Supreme Court of NSW: Applying for probate (opens in a new tab)
• Contact their super funds and life insurers

  Super is handled by the super fund, which will tell you what it needs from you. Contact each fund and any life insurer directly.

  • Legal Aid NSW: What to do with the estate (opens in a new tab)

These are documents from the Supreme Court that confirm who can deal with the estate. Not every estate needs one.

• Learn the difference

  Probate confirms that the executor named in the Will can manage the estate.

  Letters of administration do the same job when there's no valid Will, or no executor who can act. A close family member usually applies.

  • Supreme Court of Victoria: Wills and probate (opens in a new tab)
• Work out whether you need one

  It depends on what they owned and how. Banks and other organisations often ask for probate before they release money, though some release smaller amounts without it. Property in their name alone often needs a grant, but the rules differ between states and territories. Ask each bank or organisation what it needs.

  • Queensland Courts: Wills and estates (probate) (opens in a new tab)
• Apply to the Supreme Court

  Apply in the state or territory where their assets are. Each court's page explains the forms, fees and steps. You can often apply yourself. Probate can be complex, though, and the courts suggest getting legal advice if you're unsure.

  • ACTSupreme Court of the ACT (opens in a new tab)
  • NSWSupreme Court of NSW (opens in a new tab)
  • NTSupreme Court of the Northern Territory (opens in a new tab)
  • QLDSupreme Court of Queensland (opens in a new tab)
  • SASupreme Court of South Australia (opens in a new tab)
  • TASSupreme Court of Tasmania (opens in a new tab)
  • VICSupreme Court of Victoria (opens in a new tab)
  • WASupreme Court of Western Australia (opens in a new tab)

  Would you like someone to handle this for you? Get help from a lawyer

The ATO has clear guides for people looking after an estate. A tax agent or accountant can help too.

• Let the ATO know about the death

  You can tell the ATO online or by mail, and say who will look after the estate. The ATO usually needs a grant of probate or letters of administration before it can record you as the person managing their tax.

  • ATO: Notifying us of a death (opens in a new tab)
  • ATO: Checklist for when someone dies (opens in a new tab)
• Lodge their final tax return, if one is needed

  This is called a date of death return. It covers their income from 1 July up to the day they died. It's lodged on the paper tax return for individuals, or by a tax agent, not through myTax. If no return is needed, you tell the ATO with a non-lodgment advice. Any earlier returns they hadn't lodged may be needed too.

  • ATO: Doing a final tax return (opens in a new tab)
• Lodge tax returns for the estate, if needed

  If the estate earns income after the death, such as interest or rent, it may need its own trust tax return. The estate's first tax year starts the day after the death and ends on the next 30 June. Returns may be needed each year until the estate is finished.

  • ATO: When and how to lodge returns for an estate (opens in a new tab)

Debts are paid from the estate before anything is handed out.

• Open a bank account for the estate

  An account in the estate's name keeps money coming in and going out separate from your own. Your bank can tell you what it needs to open one.

  • Legal Aid NSW: Distributing the estate (opens in a new tab)
• Pay the funeral, bills and debts

  Pay these from the estate's money. If there isn't enough to pay a debt, you can ask the lender to write it off. If the estate can't cover everything, talk to a lawyer before you pay anyone.

  • Legal Aid NSW: What are assets and debts (opens in a new tab)

The last steps. Keep a record of everything, so it's easy to show what you did.

• Check it's the right time

  Make sure the debts and tax are paid or set aside first. In NSW, Legal Aid NSW suggests waiting at least six months after the death. Some people can ask the court for a share of an estate, called a family provision claim, so get legal advice before you hand anything out if you think someone might.

  • Legal Aid NSW: Family provision claims (opens in a new tab)
• Hand out the estate

  Give each person what the Will leaves them, or what the law sets out if there's no Will. Ask each beneficiary for a written receipt.

  • Legal Aid NSW: Distributing the estate (opens in a new tab)
• Keep records of everything

  Keep proper records of all money received and paid, and of every asset. A beneficiary can ask to see the estate's accounts. Store the papers somewhere safe once you're done.