Where you may be now
Being an executor comes with real responsibilities.
Being named as executor is a sign of trust. It is also a role with real obligations and personal exposure. Executors must collect the estate, pay debts and tax, deal fairly with every beneficiary, and manage any claims, while often grieving themselves.
Where the estate includes a business, shares in private companies, interests in family trusts, overseas property or significant superannuation, the work is complex. Where there are family tensions, a blended family or a disappointed beneficiary, it can become contentious. Getting early advice protects the executor and the estate.
How the law works
Grants and administration in NSW
Grants are made by the Supreme Court of New South Wales. Before applying, the executor or administrator must publish a notice of intended application on the NSW Online Registry at least 14 days beforehand. The application is supported by affidavits, the original will, the death certificate, and an inventory of the estate.
- Probate is granted where there is a valid will naming an executor who applies.
- Letters of administration with the will annexed are granted where there is a will but no executor able to act.
- Letters of administration are granted where there is no will; the estate then passes under the intestacy rules in the Succession Act 2006 (NSW).
After the grant, the executor collects assets, pays debts, lodges tax returns for the deceased and the estate, and distributes. Family provision claims under the Succession Act can be made within 12 months of death; distributing too early can expose the executor to personal liability.
What executors should do first
- Locate the original will and any codicils
- Secure property, vehicles and valuables, and check insurance
- Obtain the death certificate
- Make a list of assets and liabilities, including super and life insurance
- Notify banks, super funds and share registries
- Avoid distributing anything until advised
Good to know
When things are more complicated
Business and trust interests
Shares in private companies, loan accounts, and control of family trusts often require coordinated action with accountants, co-directors and trustees. A trust's assets do not form part of the estate, but control of the trust may be critical.
Disputes
Where a family provision claim is threatened, or the validity of a will is questioned, early, measured advice often prevents a dispute from escalating. We act for executors in responding to claims and aim to resolve them efficiently, without going to court.
Separation before death
Where the deceased had separated but not divorced, or had a property settlement underway, family law and estate law interact in ways that need careful handling.
How we help
Steady guidance for executors
We handle the formalities (notices, applications, requisitions and grants) and guide executors through administration with clear checklists and regular updates. We explain every decision, keep beneficiaries informed, and protect executors from liability.
See also wills and estate planning and powers of attorney.
Last reviewed 27 September 2026 · General information only, not legal advice