Executor First Steps — What to Do When You’re Named Executor

If you have just been named as an executor — or have recently taken on the role — the following checklist will help you prioritise. Start with the immediate steps, then work through each section at your own pace. Every estate is different, but these principles apply across NSW and Queensland.

First things first

These five steps should be your priority as soon as you become aware of your appointment. Doing them promptly reduces the risk of assets going missing, documents being lost, and beneficiaries becoming anxious.

1. Locate the will. The original will is the foundational document. Check with the deceased's solicitor, their safe custody facility, their personal papers, or the NSW or QLD Supreme Court registry. If you cannot find the original, you may need to apply for a grant of a copy — this is more complex and you should get legal advice.
2. Secure the original. Once located, the original will must be kept safe. Do not mark, alter, staple, or attach anything to it. Keep it in a secure location. You will need the original to apply for probate.
3. Identify the estate's assets. Make a preliminary list: real property, bank accounts, shares, vehicles, personal valuables, business interests, digital assets, and any other property the deceased owned. You do not need a complete inventory yet — just enough to understand the scope.
4. Notify the beneficiaries. Beneficiaries named in the will are entitled to know they have been named. You do not need to provide full details immediately, but a brief, factual notification helps build trust and reduces the likelihood of later complaints.
5. Check for urgent risks. Are any estate assets at immediate risk? Is property uninsured, vacant, or exposed to weather? Are there perishable assets or business operations that need urgent attention? Address these first.

What to do in the first 30 days

Once the immediate priorities are under control, focus on stabilising the estate and setting up the administrative framework you will need.

• Secure all real property. Change the locks if necessary. Ensure vacant properties are regularly inspected. Redirect mail. Arrange for maintenance of gardens and grounds. If the property is tenanted, notify the managing agent and confirm that rent continues to be collected.
• Arrange appropriate insurance. Contact the insurer of each property and vehicle to confirm coverage continues. You may need to notify the insurer of the death and arrange for the policy to be noted accordingly. If no insurance is in place, arrange it immediately.
• Notify banks and financial institutions. Contact each bank where the deceased held accounts. Provide a copy of the death certificate and your identification. Ask them to freeze accounts (except for funeral expenses and essential payments) until probate is granted. Request statements showing the balance at date of death.
• Open a dedicated estate bank account. Open a separate account in the name of the estate. All estate income (rent, dividends, refunds, sale proceeds) should flow into this account. All estate expenses should be paid from it. Never use your personal account for estate transactions.
• Start the asset and liability inventory. Begin compiling a comprehensive list of everything the deceased owned and owed. Request balance confirmations from banks, superannuation funds, share registries, and lenders. This will form the basis of the probate application and the estate accounts.

Documents to gather

Gathering the right documents early saves time and reduces costs. The following documents are commonly needed for probate, tax, and estate administration. Tick them off as you locate each one.

• The original will and any codicils — the foundation document for the entire administration
• Death certificate — you will need multiple certified copies; order at least five from the registry of births, deaths and marriages
• Asset statements — bank account statements (at date of death), shareholding statements, superannuation statements, investment portfolio summaries
• Liability records — mortgage statements, credit card statements, personal loan documents, outstanding bills and invoices
• Tax records — the deceased's most recent tax return, notices of assessment, and any correspondence with the ATO
• Insurance policies — life insurance, home and contents, landlord insurance, vehicle insurance, income protection policies
• Property titles — title deeds or title references for all real property owned by the deceased, including investment properties and land
• Business records — if the deceased owned a business: financial statements, ABN/ACN details, partnership or shareholder agreements, lease documents, key contracts

What NOT to do

Even well-meaning executors can make mistakes that expose them to personal liability or generate complaints. Here are the most important things to avoid.

Protecting yourself from allegations

Executor misconduct allegations are common — and even if unfounded, they are stressful, time-consuming, and potentially costly. These five practices are your best protection.

1. Keep records of everything. Every decision, every payment, every communication. If it is not recorded, it may as well not have happened. Keep a file with correspondence, receipts, and notes of conversations. Your records are your defence if your conduct is questioned.
2. Communicate regularly with beneficiaries. Periodic updates — even brief ones — demonstrate good faith and reduce suspicion. Tell beneficiaries what is happening, what the next steps are, and approximately when they can expect further news. If there is a delay, explain why.
3. Get independent valuations. Before selling or distributing major assets, obtain independent written valuations from qualified professionals. This protects you from allegations that you sold at undervalue or unfairly favoured one beneficiary over another.
4. Get legal advice before contentious decisions. If a decision is likely to be contested — selling a family home, defending a will challenge, interpreting an ambiguous clause — get legal advice first. The cost of advice is generally payable from the estate and is far less than the cost of defending a complaint later.
5. Document everything. Record your reasoning for significant decisions. If a beneficiary later questions why you did something, contemporaneous records showing your thought process are powerful evidence that you acted properly. Keep file notes, emails, and correspondence.

When to get legal advice

You do not need a lawyer for every step of estate administration — but there are points where legal advice is essential. Seek advice promptly if any of the following arise:

• The original will cannot be found. Proving a lost will or applying for a grant of a copy is procedurally complex and requires legal assistance.
• There is a dispute about the will's validity. If someone alleges the will was made without capacity, under undue influence, or is fraudulent, you need advice about your obligations as executor.
• A beneficiary has lodged a caveat. A caveat against the grant of probate stops the process. Removing a caveat requires specific legal steps.
• You are being accused of misconduct. Do not respond to serious allegations without legal advice — anything you say can be used against you.
• The estate is complex. Significant businesses, foreign assets, trusts, or multiple jurisdictions introduce complexity that warrants specialist advice.
• You are uncertain about your duties. If you do not know what to do next, or are unsure whether a proposed course of action is within your authority, get advice. Courts look more favourably on executors who sought advice when uncertain than on those who guessed and got it wrong.

Frequently asked questions