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.

Last reviewed 8 August 2026

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 rank ahead of general estate debts in the statutory order of application of assets (Administration and Probate Act 1958 (Vic) s 39A and Sch 4).
  • 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.
  • Confirm from the title how each property was held — solely, as joint tenants, or as tenants in common.
  • List vehicles, insurance policies and valuables.
  • Identify digital assets and online accounts — domain names, business and trading accounts, cryptocurrency, media libraries and subscriptions — and ask each provider what its deceased-account process requires rather than logging in as the deceased.
  • Identify intellectual property, royalty or licensing income, debts owed to the deceased and contractual rights capable of passing on death.
  • Identify whether an asset in fact belongs to a company, trust or partnership, and what interest or control right the deceased personally held (for example shares, units, a loan account, an unpaid distribution, the office of trustee or a directorship).
  • Obtain the governing documents where relevant — trust deed and variations, company constitution, shareholders' or partnership agreement.
  • Identify any testamentary or continuing trust created by the will, including gifts held until a stated age or for a beneficiary under a disability.
  • 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 and the Australian Taxation Office.
  • Contact each superannuation fund and each insurer separately, ask what the trustee or insurer requires, and supply a grant only if it is required or the benefit is to be paid to the estate.
  • Confirm in writing whether a superannuation or insurance benefit is being paid to the estate or directly to a dependant or nominated beneficiary, and do not treat it as estate money until that is clear.
  • 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.
  • Consider on advice whether a creditor notice under the Trustee Act 1958 (Vic) is appropriate for the estate — it is a protective procedure for the executor, not a universal cure.
  • Do not assume a creditor who does not respond to a notice has lost the debt; the claim may still be pursued against assets in the hands of those who received them.
  • Before any distribution, check that identified debts, tax and expenses are provided for, and record the basis on which the distribution was made.
  • 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 complete estate and tax records for the periods applicable to the particular records, and obtain accounting and legal advice before destroying anything.
  • 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.

Local Practice

Holt & Macdonald has long provided quality legal services throughout Ringwood and Melbourne's eastern suburbs — including Mitcham, Heathmont, Croydon, Blackburn, Vermont and Wantirna.

Accreditation & Standards

Holt & Macdonald is an accredited specialist and ISO-certified legal practice.

Law Institute of Victoria Accredited Specialist — Holt & Macdonald Lawyers Ringwood
ISO 9001 quality management certification — Ringwood legal practice
ISO 14001 environmental management certification — Ringwood legal practice
ISO 45001 occupational health and safety certification — Ringwood legal practice