What you need to know about estate administration in Australia

The first step is to determine if the deceased left a valid Will, and who has been appointed as the executor. The executor is the person(s) responsible for administering the estate and distributing the estate assets to the beneficiaries nominated in the Will. 

If a person dies without a valid Will, the Court may need to appoint someone (usually one or more of the beneficiaries of the estate under the relevant legislation in each state or territory of Australia*) to administer the estate. This person is called an administrator. The administrator has the same duties as an executor and is responsible for distributing the estate assets to the beneficiaries entitled under the relevant legislation (usually referred to as the intestacy rules**). 

A grant is a legal document issued by the Supreme Court in the state or territory where the deceased resided. Read more in our article, ‘Understanding a grant of probate in Australia.’ 

There are a number of different types of grants that the Court may issue. The three most common are:

• If there is a Will, the executor of it may need to apply for a grant of probate.
• If there is a Will but no executor, someone (usually one or more of the beneficiaries of the Will*) may need to apply to be appointed as administrator of the estate under a grant of letters of administration with the Will.
• If there is no Will, someone (usually one or more of the beneficiaries of the estate under the intestacy rules*) may need to apply to be appointed as the administrator of the estate under a grant of letters of administration.  

The duties of an executor or administrator include (but are not limited to):

• communicating with and informing the beneficiaries of the estate on progress of the estate administration;

• acting in the best interest of the beneficiaries;

• protecting the assets of the estate (such as maintaining any insurance policies on any estate assets);

• maintaining up to date and accurate accounts and records of the administration of the estate; 

• determining the assets and liabilities of the estate;

• calling in (collecting) estate assets and paying any liabilities (including any tax); and 

• distributing the assets to the beneficiaries in accordance with the Will or intestacy rules.

You can read more about the role of executors and administrators in our previous article, ‘Understanding the role of executors and trustees in estate administration.’

The ability to advertise a creditors notices or notice of intended distribution of an estate may be available in your state or territory. 

These notices inform creditors and others with a potential claim against the estate of the deceased’s death and the intention to distribute. The notices provide creditors and claimants with a timeframe within which to file any claims with the executor or administrator. 

If no claim is received within that timeframe, the notice may protect the executor or administrator from personal liability when distributing the estate. 

There are a number of ways for claims to be made against an estate. Generally, there are time limits within which a claim should be made. The time limit depends on the type of claim being made and can vary between states and territories. 

It is usually recommended that an executor or administrator waits to distribute the estate assets until any time limits for a claim to be made against the estate has expired. 

* The entitlement to apply for a grant of letters of administration with the Will and a grant of letters of administration varies between each state and territory.   
** The intestacy rules vary between each state and territory.