Executor Checklist for the ACT: Duties, Deadlines, and Decisions

Being named as executor in a Will does not mean you have accepted the role. You have a choice. If you accept — and begin taking any action to administer the estate — you are legally bound by your fiduciary duties under the Administration and Probate Act 1929 (ACT). If you decide not to act, you must formally renounce before taking any administrative steps.

This checklist covers executor duties in the ACT from the moment of death through to final distribution, with the specific forms, deadlines, and common errors at each stage.

First Decision: Will You Accept or Renounce?

An executor who has not yet intermeddled with the estate — that is, has not yet taken any steps to manage it — may formally renounce by filing Form 3.15 (Renunciation of Probate) with the ACT Supreme Court.

Grounds for renouncing include: you are overseas or will be for an extended period, you are grieving too deeply to manage the administrative load, you have a conflict of interest with beneficiaries, or you simply cannot take on the work. Renouncing is not a failure — it is a legally clean handover.

Once you renounce, the task typically falls to the next named executor in the Will, or to the next eligible family member in the intestacy priority order, or to the ACT Public Trustee and Guardian (who charges a capital commission starting at 4.4% on the first $300,000 of the gross estate).

If you accept the role, proceed.

Week One Checklist

• [ ] Obtain the Medical Certificate of Cause of Death from the attending medical practitioner
• [ ] Arrange the funeral with a licensed funeral director
• [ ] For cremation only: Confirm the funeral director has submitted the application to the Cemeteries and Crematoria Authority Medical Referee for cremation authorisation before booking service dates
• [ ] Locate the original Will — check home safes, solicitor's office, and the ACT Public Trustee and Guardian Will Register
• [ ] Do not remove staples from the original Will (even for scanning — unstapled wills trigger ACT Supreme Court requisitions)
• [ ] Cease all use of any Enduring Power of Attorney immediately — it is void from the moment of death
• [ ] Notify Centrelink and the DVA to halt pension and benefit payments (prevents overpayment debt recovery)
• [ ] Notify the primary bank to freeze sole accounts; request direct payment of any outstanding funeral invoice from the deceased's funds
• [ ] Secure all physical property: change locks if needed, arrange home and contents insurance notification (vacant property clause typically triggers after 30–60 days)
• [ ] Request an official Death Certificate from Access Canberra — costs $52 plus postage; takes up to 15 business days

Weeks Two to Four Checklist

• [ ] Conduct a thorough asset inventory — list all bank accounts, property, vehicles, superannuation, investments, life insurance, and valuables with estimated gross values
• [ ] Identify all debts — mortgage balances, credit cards, personal loans, utility bills, and tax liabilities
• [ ] Determine whether a Grant of Probate is required:
  • If the estate includes real property in the ACT (sole or tenant in common): yes, probate required
  • If sole bank accounts exceed the bank's probate threshold ($40,000–$100,000 depending on institution): yes, probate required
  • If only jointly-held assets and small bank balances: possibly not required — check individual institution policies
• [ ] If probate is required: publish the Notice of Intention to Apply on the ACT Supreme Court's online portal — fee is $61; the 14-day mandatory wait begins from the date of publication
• [ ] Notify Medicare, all superannuation funds, insurer, and relevant utilities
• [ ] Open a dedicated estate bank account (once you have authority) to maintain clean records

Months One to Two: Filing for Probate

• [ ] After the 14-day notice period and before the 3-month maximum, file the probate application bundle:
  • Form 3.1 — Originating Application for Probate
  • Form 3.4 — Grant of Probate (in duplicate)
  • Form 3.11 — Affidavit of Applicant (use gross estate value, not net)
  • Form 3.14 — Affidavit of Search
  • Original Will (not a copy)
  • Original Death Certificate
• [ ] Pay the filing fee based on gross estate value: $0 under $50k; $1,124 for $50k–$249k; $1,420 for $250k–$499k; $2,147 for $500k–$999k; $2,859 for $1m+
• [ ] If the estate cannot fund the filing fee: contact the bank's estate administration team to request a direct release for court fees (most banks will facilitate this)

Common errors that trigger ACT Supreme Court requisitions:

• Name mismatch between the Will and the Death Certificate — add an "also known as" clause in Form 3.11
• Listing net value instead of gross value
• Not explaining a substitute executor's circumstances in Form 3.11
• Removed staples on the original Will

Months Two to Five: Asset Administration

Once the sealed Grant of Probate is received:

• [ ] Obtain multiple certified copies of the Grant of Probate — banks, the Land Titles Office, and other institutions each need one
• [ ] Transfer or liquidate bank accounts and investments
• [ ] Transfer real property:
  • Joint tenants: surviving owner files Form 015-ND (Notice of Death by Surviving Proprietor, $178) — no probate needed
  • Sole or tenant in common: file Form 032-TA (Transmission Application, $178) — probate required
• [ ] Confirm stamp duty exemption status with ACT Revenue Office — transfers "in conformity with the Will" are exempt; any deviation triggers duty on the non-conforming portion
• [ ] Transfer vehicles at Access Canberra — free, exempt from motor vehicle duty; bring Death Certificate, Will, and driver licence
• [ ] Pay all known debts in the legally correct priority order: funeral and testamentary expenses first, then secured debts, then unsecured debts
• [ ] Do not pay unsecured creditors if the estate is insolvent — seek legal advice immediately
• [ ] Apply for an Estate Tax File Number from the ATO
• [ ] Lodge the final individual tax return for the deceased (covering the period up to the date of death)
• [ ] Lodge trust tax returns for any income earned during administration

Month Six and Beyond: Distribution

• [ ] Wait for the six-month family provision window to close — under the Administration and Probate Act 1929 and Family Provision Act 1969, eligible persons have exactly six months from the date the Grant of Probate was issued to contest the estate. Distributing before this window closes exposes you to personal financial liability
• [ ] Publish Form 1 (Notice of Intended Distribution) on the ACT Supreme Court portal — this gives any unknown creditors a 30-day final window to submit claims and provides statutory protection before distribution
• [ ] After the 30-day notice period and the six-month family provision window have both closed, distribute the estate to beneficiaries according to the Will
• [ ] Obtain ATO clearance before making final distributions
• [ ] Provide each beneficiary with a formal distribution statement
• [ ] Close the estate bank account
• [ ] Keep complete records of all actions and decisions for at least five years

When to Escalate to a Solicitor

Most straightforward estates — a clear Will, a surviving spouse, standard bank accounts and a single property — can be administered by an executor without legal representation. However, escalate to a probate solicitor if:

• The estate is insolvent (debts exceed assets)
• There is a blended family and no Will (intestacy formula creates a conflict between the surviving partner and children from a prior relationship)
• A family member has indicated they may bring a family provision claim
• The deceased held assets in multiple Australian states or overseas
• The Will is unclear about who gets what, or its validity is in question
• You have received a Supreme Court requisition and are unsure how to respond

The ACT Estate Settlement Guide provides a step-by-step playbook for each of these stages, including form wording, timeline trackers, and the specific ACT agency contacts you'll need throughout the process.

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