Executor Handbook NSW | The Belongings: Managing the Contents of the House
This part of the job is often the hardest. A lifetime of possessions. Sentimental items. Disagreements between family members. Go slowly. There's no rush, and rushing creates regrets.
Resist the Urge to Clear Immediately
The most common mistake executors make is starting to clear the house in the first week. Usually with good intentions. Usually because family want to help get it over with.
Don't. Not until probate is granted and you've done an inventory. Junk turns out to be valuable. Valuables turn out to be junk. Time is on your side here, not speed.
Until probate is granted, everything in that house is estate property. As executor, you're personally responsible for it. Clearing without an inventory puts you at risk. What if a beneficiary later says you threw away something valuable? What if you accidentally donate an item someone had claimed?
Take your time. An inventory takes days, not hours. But it prevents months of disputes later.
Inventory First
Before anything leaves the house, walk every room. Photograph every wall. Make a written list, even a rough one.
For anything that might be worth something (antiques, jewellery, art, collectibles, vehicles), photograph each piece with a date stamp. Note any markings, hallmarks, or provenance. This protects you, and it quietly settles arguments that would otherwise kick off in six months.
Digital inventory works well. Spreadsheet with photos, description, location, estimated value. Keep it backed up. Share it with co-executors so you're all working from the same list.
Four Destinations for Every Item
Everything in the house ends up in one of four places:
Keep. Items named in the will, items of real sentimental value, and things beneficiaries want to keep.
Sell. Antiques, good furniture, art, jewellery, cars, collectibles. These generate estate funds.
Donate. Usable items that aren't worth selling. Clothing, kitchenware, lower-value furniture, books. Charities can pick up larger items for free or cheap.
Dispose. Everything else. Mattresses, broken furniture, expired food, old paperwork. Skip bins, council pick-up, waste contractors.
Plan the sequence. Usually keep items are set aside first. Then sell items go to valuers. Donate and dispose happen last.
Specific Items to Watch For
Jewellery and watches. Get them formally valued. A retail quote from a jeweller isn't the same thing as a professional valuation, and the fee is usually worth it. A professional valuer gives you a document the ATO and beneficiaries will accept. For guidance on valuation across the entire estate, see our contents valuation article.
Art and antiques. Reputable auction houses will give you a free pre-sale appraisal. Use that before you commit to selling anything. They'll also tell you whether selling makes sense or whether the item is worth more kept.
Vehicles. To transfer registration to the estate, you'll need a death certificate. Service NSW handles it. Use a used car valuation service for value, or get a dealer's appraisal.
Firearms. Contact the NSW Police Firearms Registry straight away. Firearms in an estate have their own rules. You can't just keep them or move them. Illegal handling is serious.
Digital assets. Phones, laptops, email, social media, sometimes cryptocurrency. Find passwords where you can. Facebook has an online form for memorialising or closing an account. Email providers usually allow family to recover account access with proof of death.
Digital Wills. Some people now create Digital Wills that outline how to manage, distribute, or delete digital assets: online banking, social media, cryptocurrencies, intellectual property. They still need to be printed, signed, and witnessed.
Medications. Return them to any pharmacy. Don't put them in the bin. Pharmacies have proper disposal processes.
Documents. Keep everything for at least five years after the estate is wound up. Digitising and storing in a well-organised cloud file works best for easy searching. Keep hard copies in a folder somewhere safe.
Handling Sentimental Items and Family Disagreements
In experience, fights over unbequeathed sentimental items cause more pain than fights over money. A teapot, a watch, a piece of furniture that held family memories.
Two things that help:
Agree the rules before you start distributing. Taking turns (you pick one, then I pick one) works. So does writing preferences down in advance and comparing lists. Get agreement before anyone takes anything.
Photograph items where they sit, before they move. Who has Mum's teapot is a question you'll be answering for years. A photo with a date stamp prevents "I always thought that was mine" disputes.
If family is split and decisions are difficult, consider a professional mediator. It costs less than family litigation and usually resolves disputes faster.
When to Get Professional Help
Hoarder situations. If the property involves significant hoarding, document recovery becomes harder. A professional can safely navigate hazardous conditions, prioritise document recovery, and manage the clearing efficiently.
Large acreage or multiple outbuildings. More to search, more to inventory, more risk of missing valuable items.
High-value items. If the estate includes significant art, jewellery, or antiques, get professional appraisals before clearing or selling anything.
Family conflict. If family disagreement is paralyising decision-making, a professional mediator or project manager can keep things moving.
Phone 0428 613 163 if you need guidance on complex clearing.
FAQ
How long should I wait before clearing?
Until probate is granted and you've completed an inventory. This usually takes 3-6 months. If the property is in poor condition or the holding costs are high, you can start planning removal services and asking valuers for appraisals while waiting.
Who decides what goes where?
You do, as executor. But if items are named in the will, beneficiaries have a claim. If items aren't named, items of clear sentimental value usually go to the person most attached. Everything else is estate property. You have legal authority to sell items that aren't willed specifically.
Can I sell items to pay probate costs?
Yes. If the estate doesn't have enough liquid cash to pay solicitor fees, probate costs, property maintenance, and other administration expenses, you can sell items to cover these. Document the decision and the sale price.
What if beneficiaries want conflicting items?
Get it in writing. "You want the china cabinet, but your sister wants the china inside it. Which do you want?" Take preferences from all beneficiaries, compare, and make decisions. If it's truly contested, offer first refusal at auction value, or mediate.
Should I use an auctioneer or sell items individually?
For most estates, an auctioneer makes sense. They handle marketing, inspection, sale, and collection. They take a commission (15-25% usually), but they save you time and effort. For high-value items, get professional appraisals before committing.
What if beneficiaries want their share of the money now, before the estate is finalised?
They have to wait. You can't distribute until debts are paid and probate is finalised. If someone is in genuine hardship, that's when JustFund or advance distributions might be options. Talk to your solicitor.
Next: Selling or Transferring the Property
Once the contents are sorted, you'll either sell the property or hand it to a beneficiary. Both have specific steps and timings.
Read about selling or transferring the property
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If clearing is overwhelming, whether it's the volume, the condition, family conflict, or hazardous materials, I handle this work regularly. Phone 0428 613 163 or email info@aegispropertyconsultants.com.au.