Executor Duties in Victoria: Timeline and Compliance Checklist

Written on Feb 26, 2026. Posted in News.

Being appointed as an executor of a Will is a profound expression of trust. It is also a role that carries significant legal and financial responsibilities, often undertaken during a time of grief. For those in Melbourne and across Victoria, understanding the specific legal landscape is crucial to honouring the deceased’s wishes and meeting all legal obligations. The breadth of executor duties Victoria residents must navigate can be complex, from obtaining probate to managing tax and distributing assets.

This comprehensive guide serves as a practical checklist and timeline for executors in Victoria. It is designed to provide clarity and direction, helping you to manage the process efficiently and mitigate potential risks.

The Executor’s Role: A Three-Stage Journey

The administration of a deceased estate can be broadly categorised into three main phases. While the timeline for each estate is unique, this structure provides a reliable roadmap for the journey ahead.

Immediate Steps (First 1-4 Weeks): Securing the Will, arranging the funeral, and protecting the estate’s assets.
Probate and Administration (1-6 Months): Formally validating the Will through a Grant of Probate, gathering assets, and settling liabilities.
Distribution and Finalisation (6-12+ Months): Distributing the estate to beneficiaries and completing all legal and financial record-keeping.

It is important to note that these timelines are indicative. Complex estates, legal challenges, or intricate financial structures can extend this process.

Stage 1: Immediate Steps (First 1-4 Weeks)

In the initial weeks following a person’s death, the executor’s focus is on immediate, practical matters and securing the foundations for the administration process.

Immediate Steps Checklist:

✅ Locate and Review the Will: The original Will is the most critical document. If you are the executor, you should have been informed of its location. Common places include the deceased’s home, a bank safe deposit box, or with their solicitor. Review the Will to understand the deceased’s wishes and to confirm your appointment.
✅ Arrange the Funeral: Check the Will for any specific instructions regarding funeral arrangements, burial, or cremation. While the executor is responsible for arranging the funeral, these costs are a liability of the estate.
✅ Obtain the Official Death Certificate: The funeral director will typically assist in registering the death with Births, Deaths and Marriages Victoria. The official certificate is essential for the probate application and dealing with financial institutions.
✅ Notify Key Parties: Inform relevant government bodies (e.g., Centrelink, Australian Taxation Office (ATO), Veterans’ Affairs), financial institutions, insurance companies, and any utility providers of the death.
✅ Secure Estate Assets: This is a critical step in fulfilling your duty to protect the value of the estate.
- Property: Ensure any real estate is secure. Change the locks if necessary and confirm that the property is insured.
- Valuables: Secure personal items of significant value, such as jewellery, art, or collectibles.
- Vehicles: Ensure vehicles are secured and insured.
✅ Identify Preliminary Assets and Liabilities: Create an initial list of the deceased’s assets (property, bank accounts, shares, vehicles) and liabilities (mortgages, loans, credit card debt). This forms the basis of the formal inventory required for probate.

Stage 2: Obtaining Probate and Administering the Estate (1-6 Months)

This phase involves obtaining the legal authority to act and beginning the core financial administration of the estate.

What is a Grant of Probate?

A Grant of Probate is a formal document issued by the Supreme Court of Victoria that confirms the Will is valid and gives the executor the legal authority to manage and distribute the deceased’s assets. Most asset holders, such as banks and Land Use Victoria, will require a certified copy of the Grant of Probate before they will release assets to an executor.

The Probate Application Checklist (Victoria):

✅ Publish a Probate Advertisement: You must file an online advertisement with the Supreme Court of Victoria, stating your intention to apply for a Grant of Probate. This notice must be published at least 14 days before filing your application.
✅ Gather Required Documents: The application requires:
- The original Will.
- The official Death Certificate.
- A comprehensive inventory of the estate’s assets and liabilities.
✅ File the Application: The formal application, including an affidavit from the executor, is filed with the Probate Office of the Supreme Court of Victoria.

Administering the Estate Checklist:

✅ Open an Estate Bank Account: Once probate is granted, open a dedicated bank account in the name of the estate. This is crucial for transparently managing the estate’s finances, consolidating funds, and paying debts.
✅ Call In Assets: Present the Grant of Probate to banks, share registries, and other institutions to have funds and assets transferred into the estate’s name or bank account. This may involve selling assets like real estate or shares as instructed by the Will or as necessary to pay debts.
✅ Settle All Debts and Liabilities: As the executor, you are responsible for paying the deceased’s debts from estate funds. This includes mortgages, loans, credit card bills, and funeral expenses.
✅ Manage Tax Obligations: This is one of the most important executor duties in Victoria and a key area of personal liability.
- Lodge a final individual tax return for the deceased (a “date of death” tax return).
- Lodge tax returns for the estate for each financial year it generates income.
- Be aware of any Capital Gains Tax (CGT) implications, especially when selling estate assets.
✅ Defend the Estate: If the Will is challenged or a claim is made against the estate (e.g., by a person who believes they were not adequately provided for), the executor is responsible for representing the estate in any legal proceedings.

Stage 3: Distribution and Finalisation (6-12+ Months)

This is the final phase, where the fruits of your labour are passed on to the beneficiaries as the deceased intended.

Finalisation and Distribution Checklist:

✅ Confirm All Debts and Taxes are Paid: Before any distribution, you must be certain that all liabilities, including any tax assessments from the ATO, have been settled. Distributing the estate prematurely can expose you to personal liability.
✅ Prepare a Statement of Distribution: It is best practice to provide all beneficiaries with a detailed statement showing all estate assets, liabilities, income, and expenses, along with a calculation of their final inheritance.
✅ Distribute Assets to Beneficiaries: Distribute the net assets of the estate strictly in accordance with the terms of the Will.
✅ Obtain Receipts and Releases: Ask each beneficiary to sign a formal receipt acknowledging they have received their full entitlement. This is a vital document for the executor’s protection.
✅ Close the Estate Bank Account: Once all funds have been distributed, the estate bank account can be closed.
✅ Maintain Detailed Records: Retain all estate records, including financial statements, receipts, and legal documents, for at least seven years.

Executor Duties in Victoria: A Visual Timeline

Stage	Estimated Timeline	Key Tasks
1. Immediate Steps	0 – 4 Weeks	– Locate Will – Arrange funeral – Obtain Death Certificate – Secure all assets – Notify relevant parties
2. Probate Application	1 – 3 Months	– Publish probate advertisement – Prepare inventory of assets & liabilities – File application with the Supreme Court
3. Asset Collection & Debt Payment	3 – 9 Months	– Open estate bank account – Present Grant of Probate to asset holders – Liquidate assets if required – Pay all estate debts and liabilities – Lodge tax returns
4. Distribution & Finalisation	9 – 12+ Months	– Confirm all liabilities are cleared – Prepare and issue statements to beneficiaries – Distribute assets as per the Will – Obtain receipts from beneficiaries – Finalise and close estate

Risks and Personal Liability for Executors

The role of an executor is not without risk. You are legally bound to act in the best interests of the beneficiaries, with diligence and impartiality. Key risks include:

Personal Liability for Debts: If you distribute the estate before all debts and taxes are paid, you can be held personally liable for any shortfall.
Incorrect Distribution: Failing to distribute the assets exactly as prescribed by the Will can lead to legal action from beneficiaries.
Legal Challenges: Disgruntled family members or claimants can challenge the Will or make a claim for further provision from the estate, leading to complex and costly litigation.
Failure to Act Diligently: Undue delay in administering the estate can also expose an executor to legal risk.

Engaging experienced legal and financial professionals is the most effective way to mitigate these risks and ensure you are fulfilling your executor duties in Victoria correctly.

A Position of Trust, Supported by Expertise

Navigating the responsibilities of an executor requires diligence, time, and a clear understanding of Victorian law. This checklist and timeline provide a framework, but every estate is unique.

If you have been appointed as an executor and are based in Melbourne or regional Victoria, seeking professional guidance is not a sign of weakness, but a mark of prudence. Our firm specialises in wealth management and estate law, providing expert support to ensure the process is managed seamlessly, correctly, and with the utmost respect for the deceased’s legacy. Contact us today to learn how we can assist you in this important role.