Executor Checklist for NSW Estates

GuideArticle
Written By Alex

Managing a deceased estate in NSW involves dozens of discrete tasks spread across weeks or months. It's easy to miss something or lose track of where you are. This checklist is built for executors who want a clear, step-by-step roadmap. Print it. Work through it. Check things off as you complete them. By the end, you'll have managed the whole estate.

Phase 1: Initial Steps (Week 1-2)

Secure the Will and Critical Documents

  • Locate the original will (check with the deceased's solicitor, banks, the Public Trustee)
  • Check for multiple wills (sometimes there are drafts or older versions)
  • Verify who the executors are and confirm you're actually named
  • Locate the deceased's superannuation statements (critical for asset discovery)
  • Find insurance policies (life, home, car, income protection)
  • Collect bank account statements
  • Locate property deeds and titles
  • Get tax records (last two years of returns, property valuations, investment records)
  • Collect investment account statements and share certificates
  • Find financial institution contact details (banks, credit card issuers, loan providers)

Notify Key Parties

  • Register the death with NSW Registry of Births, Deaths and Marriages
  • Notify the executor's handbook hub if managing probate for the first time
  • Advise the deceased's employer (if applicable) or their pension provider
  • Contact the deceased's superannuation provider(s) directly
  • Notify insurance companies (life, landlord, contents policies)
  • Alert banks, investment firms, and financial institutions
  • Contact utilities (electricity, gas, water, internet, phone) to discuss account status
  • Notify Australia Post to redirect or hold mail
  • Advise the Australian Taxation Office
  • Contact the deceased's professional advisors (accountant, financial planner, solicitor)

Engage Professional Advice

  • Decide whether to engage a probate solicitor (NSW probate can be managed by executors without a lawyer, but complex estates benefit from professional advice)
  • Get a quote and confirm scope before instructing
  • Provide your solicitor with the will, death certificate, and preliminary asset list
  • Discuss timeline expectations (probate usually takes 3-6 months in NSW; complex estates take longer)

Assess the Estate's Complexity

  • Simple estate (house, car, bank accounts, clear beneficiaries): lower cost, shorter timeline
  • Complex estate (multiple properties, businesses, trusts, disputes): higher cost, longer timeline
  • If the property is a problem, read executor property responsibilities to understand your legal duties

Phase 2: Asset Discovery and Valuation (Week 2-4)

Locate All Assets

  • Search the deceased's home systematically for documents, valuables, jewellery, and collectibles
  • Request valuation of the family home (usually with a real estate agent's written appraisal or a certified valuer)
  • Obtain valuations for any investment properties
  • Locate and value vehicles (check with the insurer or use a used car valuation service)
  • Identify all superannuation benefits (contact each provider directly; many don't appear in statements)
  • Compile bank account balances as at the date of death
  • List investment holdings (stocks, managed funds, bonds)
  • Identify any business interests or sole trader assets
  • Look for safety deposit boxes at banks
  • Check for unclaimed funds or lost bank accounts (search the National Unclaimed Money database)
  • Identify personal valuables (art, antiques, jewellery, collectibles) and decide whether formal valuation is needed

Engage Valuation Professionals

  • For high-value jewellery or art, use a certified valuer
  • For property, use a real estate agent's written appraisal or a registered property valuer
  • For complex assets, get professional valuations (they matter for probate, tax, and distribution)
  • Keep all valuation documents for the probate application

Document Liabilities

  • List all outstanding debts (credit cards, car loans, mortgages, personal loans)
  • Gather bank statements to confirm outstanding balances
  • Check for guarantees or secured lending where the deceased may have been a guarantor
  • Verify tax liabilities (the ATO will issue a tax assessment if there are outstanding taxes)
  • Confirm any legal obligations (court orders, maintenance arrangements, community titles fees)
  • Review insurances that cover debt (some life policies pay out to creditors; some loans have protection insurance)

Phase 3: Property Assessment and Management (Week 3-6)

Secure the Property

  • Visit the property and assess its condition
  • Change locks if necessary (only the executor can authorise this)
  • Arrange a security inspection if the property will be vacant during probate
  • Install alarm systems or increase security if needed
  • Establish regular inspections (fortnightly or monthly depending on the property's condition and location)

Verify Property Insurance

  • Contact the insurer to confirm the deceased's home and contents policies are still active
  • Many policies lapse or require renewal after death
  • Verify that vacant property cover is in place if the home will be unoccupied during probate (standard landlord policies often exclude vacant properties)
  • Update the policy to name you as the insured (as the executor/trustee)
  • Confirm that contents cover is adequate for valuables still in the property
  • Obtain a copy of the insurance schedule and premium information

Maintain the Property

  • Arrange lawn and garden maintenance (properties with overgrown gardens deteriorate faster)
  • Check gutters and downpipes (water damage is expensive to fix)
  • Inspect the roof for damage or loose tiles
  • Arrange regular internal inspections (moisture, pests, structural issues)
  • Maintain the swimming pool if applicable (algae and equipment failure happen quickly)
  • Keep the property clean (at least basic cleaning; squatters and pests target neglected homes)
  • Arrange pest control if needed
  • Maintain heating and air conditioning systems (they seize up when unused)
  • Check for weather damage after storms
  • Keep utilities running unless the property is being vacated immediately (gas and electricity help with climate control)

Decide on Sale Preparation

Phase 4: Debt, Tax, and Financial Obligations (Week 4-8)

Notify Creditors

  • Send a formal notice of death to each creditor (banks, credit card companies, loan providers)
  • Request an early settlement figure if mortgages or loans exist
  • Check whether insurance policies cover any outstanding debts
  • Identify whether any debts are joint liabilities (the surviving co-debtor may be liable)

Manage Tax Obligations

  • Register with the ATO as the executor (they need to know who's handling the estate)
  • Arrange a final tax return for the deceased (covers the period from 1 July to the date of death)
  • The estate may also need to lodge its own tax return if it generates income during probate
  • Work with an accountant or tax agent (this is complex and worth doing professionally)
  • Pay any outstanding tax debts from the estate's funds

Obtain a Grant of Probate

  • Collect all documents your solicitor needs (will, death certificate, asset valuations, beneficiary details, executor identification)
  • Complete the probate application forms (your solicitor usually handles this)
  • Pay the probate application fee ($1,000-$2,000 depending on the estate's value in NSW)
  • Submit the application to the NSW Supreme Court
  • Wait for the Grant of Probate to issue (usually 8-12 weeks, but can take longer for complex estates)

Important: You cannot distribute the estate or finalise sales until the Grant of Probate is issued.

Phase 5: Probate, Distribution, and Final Handover (Week 8+)

Distribute the Estate

  • Once the Grant of Probate is issued, you can distribute assets to beneficiaries
  • If there's a specific gift in the will (a piece of jewellery, a car), hand it over directly
  • If assets need to be sold, sell them and distribute the cash proceeds
  • If there's a shortfall in the estate, distribute what exists proportionally (your solicitor explains how)
  • Get receipts and acknowledgements from beneficiaries confirming they've received their distributions
  • Keep detailed records of every distribution

Finalise the Property Sale (If Applicable)

  • Once probate is issued, market the property with a real estate agent
  • Review offers and recommend the best one to beneficiaries
  • Exchange contracts and proceed to settlement
  • Ensure the title transfer is registered
  • Settle outstanding rates, land tax, or body corporate fees from the sale proceeds
  • Distribute the net sale proceeds to beneficiaries

File Final Accounts

  • Prepare a final accounting statement showing all assets, liabilities, costs, and distributions
  • Provide a copy to each beneficiary
  • Have a solicitor review it if the estate is complex
  • Keep the original with your executor records for at least 7 years

Discharge Your Duties as Executor

  • Once all distributions are made, the estate accounts are finalised, and all documents are filed, your role as executor is complete
  • Keep records for at least 7 years (you may need to prove what you did if questions arise later)
  • Some beneficiaries ask for a signed declaration from the executor confirming the estate has been properly managed; you can provide one

Common Tasks During Probate

Managing a Vacant Property

  • Vacant property requires ongoing maintenance, security, and monitoring
  • Read vacant property maintenance during probate for a detailed checklist
  • Regular inspections (at least monthly) catch problems early
  • Insurance, security, and lawn maintenance are non-negotiable

Recovering Critical Documents

  • Documents often hide in unexpected places (drawers, safety deposit boxes, file cabinets in garages)
  • Read document recovery in deceased estate for a search strategy
  • Complete a systematic search before clearing or selling the property
  • Keep found documents in a safe location with other probate records

Valuing the Estate

  • Most simple estates don't need formal valuation; a real estate agent's appraisal and bank statements are enough
  • Complex estates with art, jewellery, or collectibles should involve a certified valuer
  • Property valuations matter for probate, tax, and fairness in distribution
  • Read valuing deceased estate contents for guidance on when and how to value items

Selling the Property

  • Property sales during probate follow the standard process, but you need the Grant of Probate first
  • Read selling deceased estate property NSW for the full step-by-step
  • Work with a real estate agent familiar with probate sales (they understand the constraints and timelines)
  • Budget for clearing costs if the house is full of decades of accumulated items

Red Flags: Things That Often Go Wrong

  • Distributing before probate is finalised. Don't do this. Beneficiaries can come back and claim more later if assets are missing.
  • Forgetting about the property insurance. Vacant properties need specific cover; standard policies won't help if something goes wrong.
  • Assuming the deceased's superannuation is in the statements. Call the provider directly and confirm all benefits. Super is often missed in initial asset discovery.
  • Skipping document recovery. Important papers (second wills, property documents, insurance policies) end up in skip bins regularly.
  • Not getting the property valued. If the property's worth is uncertain, you'll distribute unfairly or face disputes later.
  • Clearing before understanding the legal implications. Clear thoughtfully. Valuables can be missed. Critical documents can be lost forever.
  • Forgetting about probate fees and costs. Legal, accounting, and valuation fees add up. Budget 3-5% of the estate value for administration costs.

Frequently Asked Questions

How long does the whole process take?

Simple estates: 3-6 months. Complex estates: 6-12 months or longer. The biggest bottleneck is usually the probate application and the property sale (if there is one).

Do I need a solicitor to manage probate?

NSW allows executors to manage probate themselves, but probate can be complex. A solicitor costs $1,000-$3,000 but saves time and reduces the risk of mistakes. Worth it for most people.

What if the estate doesn't have enough money to cover debts?

Debts are paid in priority order: funeral costs first, then tax, then secured debts (mortgages), then unsecured debts (credit cards). If there's not enough, some creditors may not get paid in full. A solicitor can explain the priority order for your specific situation.

Do I have to clear the house before selling it?

Not always. Some buyers want the house cleared; some don't care. Your real estate agent will advise based on the market and the property's condition. Read do I need to clear before selling for a detailed breakdown.

What if a beneficiary thinks I've done something wrong?

Keep detailed records of everything (dates, decisions, amounts, distributions). A signed final account sent to each beneficiary protects you legally. If disputes arise, a solicitor can help.

How much does estate administration cost?

Simple estates: $1,500-$3,000 (mostly legal fees if you use a solicitor). Complex estates: $3,000-$10,000+. Some costs (real estate commission, clearing costs, property repairs) depend on the property itself. Budget 3-5% of the estate value as a rough estimate.

Can I delegate tasks as an executor?

Yes. You can hire a solicitor, an accountant, a property manager, and a real estate agent. You're still responsible for overseeing the work, but you don't have to do everything yourself.

If You're Overwhelmed

If you've worked through the checklist and the property is the bottleneck, you're not alone. Most executors hit a point where managing the house, the clearing, the maintenance, and the sales prep feels like a second full-time job.

That's where professional support helps. I manage deceased estate clearance and probate property management so you can focus on the legal and financial work. Document recovery, property stabilisation, clearing, compliance, sale preparation. I take that off your plate.

If this sounds relevant to your situation, I'm happy to talk it through. No obligation, no sales script. Phone 0428 613 163 or email info@aegispropertyconsultants.com.au.

Alex
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