What Does an Executor Need to Do?

Being an executor does not need to be difficult, as long as you receive the right advice

Being appointed as an executor of a will is both an honour and a significant responsibility. In South Australia, the executor is legally responsible for managing the deceased’s estate, ensuring assets are protected, debts are paid, and beneficiaries receive their entitlements. This guide explains what an executor needs to do, step-by-step, to help you navigate the process with confidence.

This guide is divided into key duties, common questions, and important considerations to help you through the process.

Key Duties of an Executor in South Australia are to:

1. Locate the Will and Confirm Appointment

• Find the most recent valid will.

• Confirm your appointment as executor.

• Notify other executors if more than one is named.

  
  

2. Secure the Estate

• Safeguard property, valuables, and important documents.

• Notify banks, insurers, and relevant institutions of the death.

• Arrange for the care of pets or dependants, if necessary.

  
  

3. Obtain the Death Certificate

• Register the death with Births, Deaths and Marriages SA.

• Obtain official copies of the death certificate for legal and financial processes.

  
  

4. Identify and Value Assets and Liabilities

• Prepare a comprehensive list of assets (real estate, bank accounts, shares, superannuation, personal belongings).

• Identify all debts and liabilities (mortgages, loans, credit cards, outstanding bills).

• Arrange for professional valuations if required.

  
  

5. Apply for Probate (if required)

• Determine if probate is necessary (usually required for significant assets or real estate).

• Prepare and lodge the probate application with the Supreme Court of South Australia.

• Publish the required notice of intention to apply for probate.

• Pay the probate application fee.

  
  

6. Administer the Estate

• Collect and manage estate assets.

• Settle outstanding debts and taxes, including finalising the deceased’s tax affairs.

• Maintain accurate records of all transactions.

  
  

7. Distribute the Estate

• Distribute assets to beneficiaries as specified in the will, after debts and taxes are paid.

• Prepare distribution statements for beneficiaries.

• Obtain receipts or acknowledgements from beneficiaries.

  
  

8. Finalise the Estate

• Prepare a final account of the administration.

• Address any outstanding matters (e.g., closing bank accounts, transferring property titles).

• Apply for executor’s commission, if appropriate.

  
  

Common Questions About Executor Duties

What if there is no will?

If the deceased died intestate (without a will), an administrator (usually the next of kin) must apply for Letters of Administration. The process is similar to probate, but the estate is distributed according to South Australian intestacy laws.

How long does the process take?

Estate administration can take several months to over a year, depending on the complexity of the estate and whether disputes arise.

Can an executor be held personally liable?

Yes, executors can be held personally liable if they fail to act in the best interests of the estate or breach their legal duties. Seeking professional advice is recommended, especially for complex estates.

Do I need a lawyer to act as executor?

While not mandatory, it is usually much easier for all involved, and the peace of mind that it is done correctly without the executor having to learn the intricacies of probate law significantly outweighs the cost. Legal advice can also help ensure compliance with all legal requirements and reduce the risk of errors or disputes.

Executor’s Checklist for South Australia

• Locate and review the will

• Secure assets and notify relevant parties

• Obtain the death certificate

• Identify and value assets and debts

• Apply for probate (if required)

• Collect and manage estate assets

• Pay debts and taxes

• Distribute assets to beneficiaries

• Finalise the estate

  
  

Important Considerations for Executors

• Communication: Keep beneficiaries informed throughout the process.

• Record-Keeping: Maintain detailed records of all actions and transactions.

• Conflict Resolution: Be prepared to manage disputes or seek mediation if necessary.

• Executor’s Commission: Executors may be entitled to reasonable commission for their work, subject to court approval or agreement with beneficiaries.

  
  

Frequently Asked Questions (FAQs)

Q: What are the first steps I should take as an executor in South Australia?

A: Secure the will, confirm your appointment, safeguard assets, and obtain the death certificate.

Q: Do I need to use the same lawyer who prepared the deceased's will?

A: No. An executor is able to use the lawyer of their choice. We can assist you to locate and recover a will from the firm that drafted the will on your behalf.

Q: Do I need to apply for probate for every estate?

A: Not always. Probate is generally required for significant assets or real estate, but not for small estates or jointly held property.

Q: Can I refuse to act as executor?

A: Yes, you can renounce your appointment before taking any action. The court will appoint an alternative executor or administrator.

Q: What if there are disputes among beneficiaries?

A: Executors should seek legal advice or consider mediation to resolve disputes and avoid litigation.

Q: Am I entitled to payment as an executor?

A: Executors may claim a commission for their work, but this is subject to court approval or agreement with beneficiaries.

Why Choose Our Adelaide Wills and Estates Lawyers?

Administering an estate can be complex and time-consuming. Our experienced Adelaide-based team provides clear, practical guidance to executors, ensuring all legal obligations are met and the process runs smoothly. Whether you need help applying for probate, managing assets, or resolving disputes, we are here to support you every step of the way.

Contact us today for expert advice on your duties as an executor in South Australia. Let us help you protect your interests and those of the estate.

Free Probate Assessment: You can book a complimentary no-obligation telephone probate assessment with Craig today to see whether you need to apply for probate.

This article is for general information only and is not a substitute for legal advice. For advice specific to your situation, please contact our office.