Resource
Executor Checklist for Victoria
A staged, practical checklist for executors administering a deceased estate in Victoria. Not a substitute for advice on any particular estate.
1. Immediate steps after death
- Obtain the medical certificate of cause of death from the treating doctor or hospital.
- Locate any pre-arranged funeral or burial instructions.
- Contact close family and, where appropriate, the deceased's employer.
- Secure the deceased's home, vehicle and valuables.
- Redirect mail if the property will be unoccupied.
2. Locating the will
- Check with the deceased's usual lawyer and any safe custody registers.
- Look through home safes, filing cabinets and safe deposit boxes.
- Confirm the document you have is the last will (check for later codicils).
- Do not staple, unstaple or annotate the original will.
3. Funeral arrangements
- As executor, you have primary authority for funeral arrangements.
- Consult family where possible, but you retain the ultimate decision.
- Retain invoices — reasonable funeral expenses are a first charge on the estate.
- Order at least several certified copies of the death certificate.
4. Identifying assets and liabilities
- Gather bank and credit union statements, share holdings and superannuation statements.
- Obtain rate notices, mortgage statements and title searches for real estate.
- List vehicles, insurance policies and valuables.
- Identify debts — credit cards, personal loans, tax liabilities and outstanding bills.
- Prepare an inventory of assets and liabilities for probate purposes.
5. Notifying institutions
- Notify banks and financial institutions, providing certified copies of the death certificate.
- Notify Centrelink, the Australian Taxation Office and superannuation funds.
- Notify insurance companies (life, home, vehicle, health).
- Cancel subscriptions and utilities where appropriate.
- Redirect or cancel Australia Post mail as needed.
6. Applying for probate
- Determine whether a grant of probate is required (see our probate guide).
- Lodge the required probate advertisement on the Supreme Court notices system.
- Prepare and file the originating motion, executor's affidavit and inventory.
- Respond promptly to any Probate Office requisitions.
- Once the grant issues, retain multiple sealed copies.
7. Collecting estate assets
- Present the grant to banks, share registries and superannuation funds.
- Arrange transmission or transfer of real estate with Land Use Victoria.
- Deal with any business interests in accordance with governing documents.
- Consolidate cash into a dedicated estate account.
8. Paying debts
- Pay funeral, testamentary and administration expenses.
- Pay the deceased's proven debts and any court-ordered obligations.
- Do not distribute the estate before creditor claims can be reasonably identified.
9. Tax and accounting
- Lodge the deceased's final individual tax return.
- Lodge estate income tax returns for any income earned during administration.
- Retain records; consider a tax agent for anything but a straightforward estate.
10. Statutory waiting periods
- Part IV (family provision) claims generally must be brought within six months of the grant.
- Executors ordinarily wait until this period has passed before making final distributions.
- Where interim distributions are proposed, obtain advice and appropriate indemnities.
11. Distributing the estate
- Distribute in accordance with the will (or intestacy rules if there is no will).
- Obtain signed receipts and releases from beneficiaries where appropriate.
- Prepare a final statement of receipts and disbursements.
12. Record keeping
- Keep full records of all estate transactions.
- Retain records for at least seven years after final distribution.
- Keep contemporaneous notes of significant decisions and communications with beneficiaries.
13. When disputes or claims arise
- If a Part IV or other claim is threatened, obtain legal advice promptly.
- Do not make further distributions without appropriate protections.
- Communicate factually and calmly with beneficiaries and any claimant's lawyer.
