What Does an Executor of a Will Do?

Guide Wills Executors

When someone writes their will, they have to choose an executor. The executor is then responsible for making sure the person’s final wishes are carried out after they die. The executor’s role begins as soon as the person has passed away.

Being appointed as an executor of a will is an important legal responsibility. If you have recently been named as an executor, this guide explains what the role involves and how to carry out your duties with confidence. Executors are responsible for managing and finalising a person’s estate, and understanding these tasks early can help you avoid delays, stress and legal risk.

You will learn what an executor must do, including locating the will, applying for a grant of probate, protecting estate assets, paying debts and taxes, and distributing the estate to beneficiaries. You will also understand your obligations under Victorian law, the common challenges executors face, and where to seek professional support.

What are my responsibilities as an executor of a will?

As the executor, it’s now your responsibility to administer the person’s estate. The estate includes all the person’s assets and liabilities. Their assets are their property and belongings that have value, such as a house, car, shares and investments. Their liabilities consist of any money they may owe, such as a mortgage or a loan. Duties of the executor of the will in Victoria

Finding the original will
Arranging the funeral
Applying for a death certificate
Applying for a grant of probate (learn more about what is probate)
Finding and contacting the beneficiaries (people who are left something in the person’s will), including anyone interstate or overseas
Protecting the person’s assets. You need to make sure the assets are safe so they can be given out as the person wanted. This might include taking out insurance or making an inventory
Providing death notifications to the Australian Tax Office, Centrelink and banks
Paying any outstanding bills and debts from estate funds and arranging to have assets valued
Defending the estate against legal action
Resolving disputes between beneficiaries
Lodging tax returns if needed
Claiming life insurance and superannuation
Setting up trusts and administering them, if that is part of the instructions in the will. A trust might be set up to look after and protect assets for a child until they reach a certain age
Dealing with any real estate that is part of the estate, including getting the property ready for sale
Distributing assets according to what is in the will
Providing a full accounting of your administration of the estate to beneficiaries.

We can help

If the estate feels too complex to manage alone and you need help, or you’d like someone else to take care of the full administration, our professionals are here.

What if no will can be found?

This means the deceased is intestate. In these cases, the estate is distributed in accordance with the laws of intestacy. These laws dictate a particular order of payment to the family members of the deceased.

What is the role of an executor of a will?

Here, we explore what to do as the executor of a will.

Notify the beneficiaries of the Will: All beneficiaries must be located and contacted (including those who are overseas).
Manage debts and liabilities: Debts must be paid or passed on. If you are an Executor, you’ll need to establish a complete picture of the deceased’s finances. This includes identifying any debtors and creditors. Funeral expenses, income tax, fees for administering the estate and out-of-pocket expenses must also be paid.
Be responsible for everyday tasks: An Executor must arrange for pets to be cared for, redirect mail, cancel services and pay any outstanding bills.
Insure the estate: An Executor is responsible for all assets until they are passed on. An Executor must identify the estate assets, including any that are interstate or overseas. This includes homes, cars, superannuation, jewellery, investments and home contents. These must all be valued, secured and insured.
Attend to any businesses: An Executor must deal with any business the deceased had an interest in. This may include determining if the business operates as a Sole Trader, Partnership or Company. The Executor may be required to carry on the running of the business or wind it up, sell real estate and other assets, organise tax matters, and prudently invest funds.
Be aware of legal risks: An Executor is responsible for resolving estate issues, liabilities and disputes. This may include challenges to the will, such as family maintenance claims, entitlement issues, and beneficiary disputes.
Lodge the tax return: If you are an Executor, you need to obtain clearance from the Australian Taxation Office before the estate can be distributed. Otherwise, you run the risk of being personally liable for any outstanding tax. You’ll need to gather details of all income earned by the deceased in the years before and after their death. You then must prepare a date of death tax return (and maybe prior returns for the deceased if they have not been lodged for some time) and an estate tax return
Possibly sell the assets: It depends on the Will and the estate. An Executor is responsible for selling or transferring assets to the beneficiaries. This includes houses, land, shares and investments. If the assets are sold, you’ll need to take into account any costs of sale and any capital gains tax.

What happens when all debts have been paid?

You can distribute the remaining assets according to the will. You will need to account for funeral expenses, debts and the management of any claims. And you’ll need to prepare a statement for all beneficiaries detailing all transactions.

Who is responsible for trusts?

An Executor is usually the trustee for trusts set up in the will. This can include trusts set up for beneficiaries under 18 years old. These trusts need ongoing administration, often over many years.

An Executor can authorise someone else to act as Executor

A lot can happen between agreeing to be an executor and becoming one. If you’ve been appointed as executor but don’t believe you have the capacity to fulfil the required duties, you can choose to authorise State Trustees to administer the estate on your behalf.

How We Can Support You as an Executor of a Will in Victoria

Being an executor can feel overwhelming, especially when you are managing personal loss at the same time. State Trustees can step in to guide you or take on the full administration of the estate, giving you certainty and support when you need it most. As the only state-backed organisation of our kind in Victoria, we always act impartially and in the estate’s best interests.

Our Deceased Estate Administration service comprises full and convenient end-to-end estate administration; it is best suited to executors seeking the peace of mind that experts handle everything.
An executor is responsible for everyday tasks: arranging for pets to be cared for, redirecting mail, cancelling services, and paying any outstanding bills.

No two estates are the same. Some involve straightforward assets, while others are more complex or pose challenges you may not see at first. As Victoria’s leading estate administrator, State Trustees has the experience and expertise to manage all types of estates with care, clarity and professionalism.

Explore State Trustees resources or call us for obligation-free advice on 1300 138 672.

Select a topic

Executors

What does an executor of a will do in Victoria?

An executor is responsible for managing and finalising the estate. This includes locating the will, applying for probate, protecting assets, paying debts and taxes, and distributing the estate to beneficiaries.

Can an executor get help managing an estate?

Yes. Executors in Victoria can seek professional support at any stage. State Trustees can guide you through specific tasks or manage the full estate administration on your behalf. Call us on 1300 138 672 for assistance.

What expenses can an executor claim in Victoria?

Executors are legally entitled to claim reasonable out-of-pocket expenses related to estate administration. Payment for time or effort (commission) may be allowed with beneficiary consent, a remuneration clause on the will, or by court order.

Frequently Asked Questions

Select a topic

Executors