Obtaining probate or Letters of Administration is only the beginning. The work of actually administering an estate — collecting assets, paying debts, meeting notice requirements, filing tax returns, and distributing to beneficiaries — takes time, attention to detail and an understanding of the legal obligations involved. Getting it wrong can expose the executor or administrator to personal liability.
Estate administration is the process of collecting a deceased person's assets, paying their debts and expenses, and distributing the remainder to the beneficiaries entitled under the Will or the intestacy rules. It is carried out by the executor (where there is a Will) or the administrator (where there is not).
Executors and administrators have personal legal duties. These include locating and protecting assets, notifying relevant parties (banks, government agencies, the ATO), advertising for creditors, preparing an estate account, obtaining clearance from the ATO, and distributing the estate only after all creditors are satisfied and all tax obligations are met.
Estate administration can be straightforward or highly complex depending on the size and nature of the estate, the number and location of beneficiaries, any disputes among beneficiaries, the involvement of trusts or business interests, and any outstanding tax obligations. Mistakes — such as distributing before all debts are paid — can result in the executor being personally liable.
The executor or administrator identifies, collects and, where necessary, secures all estate assets — including real property, financial accounts, investments, vehicles and personal property.
Relevant parties are notified (banks, Centrelink, the ATO). A creditor notice is published. Insurance is maintained on assets. The estate account is opened.
All valid creditor claims are assessed and paid. The deceased's final tax return is filed. Any capital gains or other tax liabilities arising from the administration are addressed before distribution.
Once debts, expenses and tax are satisfied, the estate is distributed to beneficiaries as required by the Will or intestacy rules. A final estate account is prepared. Beneficiaries acknowledge receipt.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
We guide executors and administrators through every stage of administration — from the grant through to final distribution — so obligations are met and nothing is missed.
We manage the publication of creditor notices and ensure all statutory notification requirements are met so the executor is protected from later creditor claims.
Beneficiaries have rights to information and to receive their entitlements. We advise on how to communicate with beneficiaries appropriately and how to handle disputes or competing claims.
Estates involving business interests, trusts, overseas assets or multiple properties require specialist handling. We have experience with complex estates and bring a methodical, thorough approach.
Simple estates may be finalised within 6–12 months of the grant. Complex estates — particularly those involving property sales, business interests, disputes or ATO involvement — can take longer. There is no fixed statutory timeframe for completion, though beneficiaries are entitled to distribution within a reasonable time. This is general information only.
Yes. An executor is entitled to commission for their work in administering the estate. Commission is either agreed by the beneficiaries or approved by the court (up to 5% of the gross estate value in Victoria as a general guide). This is general information only.
Beneficiaries can seek an account of the estate from the executor and, if dissatisfied, can apply to court. Executors who distribute incorrectly or fail to provide proper accounts can be personally liable. We advise executors on their obligations and represent them in disputes. This is general information only.
The deceased's final income tax return must be filed. Capital gains tax may apply if estate assets are sold. The estate itself may be liable for income tax during the administration period. We work alongside your accountant to ensure all tax obligations are met before distribution. This is general information only.
Overseas assets often require separate legal processes in the relevant country — sometimes a 're-seal' of the Australian grant, or a separate local grant. We can advise on the process and, where needed, coordinate with overseas legal practitioners. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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