Executor Checklist for Victoria: From Death to Distribution

Being named as an executor is a practical responsibility that begins the moment the person you're acting for passes away. The Supreme Court, banks, Land Services Victoria, and the ATO all have separate requirements, separate forms, and separate timelines. None of them tell you what the others need.

This checklist maps every significant action in chronological order. Work through it stage by stage rather than trying to tackle everything at once.

Stage 1: Immediate Actions (First 48–72 Hours)

Secure the original will Locate the original will. Check safe deposit boxes, home filing systems, solicitors who may have stored it, and the Supreme Court's will safekeeping register. Do not remove any staples, clips, or bindings from the document — not even to flatten it for photocopying. Staple holes on the original will trigger a formal court requisition requiring a sworn Affidavit of Plight and Condition, adding weeks to the probate process.

Confirm your role and willingness to act You are not legally obligated to accept the role of executor. If you are unwilling or unable to act, you can renounce the executorship by filing a formal Renunciation with the Supreme Court. If you accept, you take on legal duties including potential personal liability for errors in administration.

Arrange the funeral The named executor has the legal right to direct the disposal of the body, including decisions about burial or cremation. If there are family disagreements, document your decision-making. The deceased's recorded wishes (often in the will) are highly persuasive but not legally binding in Victoria.

Secure the deceased's assets Contact banks to notify them of the death and request that accounts be frozen to prevent unauthorised transactions. Cancel direct debits that are no longer appropriate. If the deceased's home is now vacant, ensure it is properly secured and that home insurance remains active (many policies have conditions about unoccupied properties).

Stage 2: Obtaining Documents (Week 1–2)

Order the Death Certificate Package Contact Births, Deaths and Marriages (BDM) Victoria to order the Death Certificate Package — not the standard certificate alone. The Supreme Court's probate affidavit requires a certified copy showing the cause of death. Cost: $93.30 plus $10.40 for express postage. Order immediately and use express delivery.

Obtain multiple certified copies Many institutions — banks, share registries, superannuation funds — require their own certified copy of the death certificate. Order 5 to 10 certified copies at the outset rather than repeatedly requesting more.

Notify key institutions Notify the following of the death at this stage (formal estate administration comes later):

• Centrelink / Department of Human Services (particularly if the deceased received age pension or other payments)
• The Australian Taxation Office (ATO)
• Medicare and private health insurer
• Employer (if the deceased was still working)
• Superannuation fund(s)

Stage 3: Estate Assessment (Weeks 1–3)

Map all assets and liabilities Create a comprehensive inventory distinguishing between:

• Solely owned assets — require probate to transfer; frozen until a grant is obtained
• Jointly owned assets (joint tenants) — pass automatically to the surviving owner
• Assets with named beneficiaries — superannuation with a binding death benefit nomination, life insurance payable to a named beneficiary — these bypass the estate entirely

Contact every financial institution to obtain exact balances as at the date of death. Request formal "date of death" statements.

Assess whether probate is required Probate is mandatory if the estate includes real estate held solely or as tenants in common, or if financial institutions hold solely owned assets above their informal release thresholds. The 2026-2027 informal release threshold under Section 31A of the Administration and Probate Act 1958 is $34,310. Major banks have their own internal thresholds (CBA and NAB typically around $50,000–$76,000; Westpac around $100,000–$114,000). Estates under $137,210 gross value may qualify for the Supreme Court's Small Estates Optional Service.

Obtain real estate valuations If the estate includes real property, obtain a professional valuation or agent's appraisal as at the date of death. This determines both the estate's gross value (for court fee purposes) and the cost base for capital gains tax calculations.

Stage 4: Probate Application (Weeks 2–6)

Register on RedCrest-Probate Access the Supreme Court of Victoria's probate portal at redcrest.com.au/probate. Create an account using a personal email address with two-factor authentication enabled.

Publish the Notice of Intention Complete the advertisement questionnaire. Verify that every detail — particularly the deceased's name — exactly matches the death certificate and the will. Pay the advertisement fee ($35.90–$49.00). The mandatory 15-day waiting period begins from the publication date.

Complete the Inventory of Assets and Liabilities During the 15-day wait, enter all asset and liability figures in the RedCrest portal. Use gross values (before deducting mortgages or debts) for real estate.

Sign documents with an authorised witness Print the generated PDF document package. Take it — along with the original will and original death certificate — to a Justice of the Peace, police officer, or Australian legal practitioner. Sign the Affidavit and Certificates Identifying Exhibits in the witness's physical presence. Have the witness sign the back of the original will.

Upload documents and pay the filing fee Scan the signed documents and upload to RedCrest. The system calculates the filing fee based on declared gross estate value (nil for estates under $250,000; $1,088 for $500,000–$999,999; up to $16,294 for $5,000,000+). Pay through the portal.

Post the physical documents After digital submission, RedCrest generates an Originating Motion. Post this document, the original will, and the original Certificates Identifying Exhibits to the Supreme Court of Victoria (210 William Street, Melbourne) via registered post. The Court will not process your application until the physical documents arrive.

Stage 5: After the Grant Is Issued

Collect assets Present certified copies of the Grant of Probate to each institution holding estate assets. Banks typically release funds within 2 to 4 weeks. Share registries and superannuation funds have their own processes.

Open an estate trust account Open a dedicated estate bank account to receive all estate funds. Keep estate finances completely separate from your personal accounts. The executor has a fiduciary duty to account for all estate transactions.

Pay debts in the correct order Pay all verified estate debts — funeral costs, secured debts, unsecured debts — before distributing to beneficiaries. If the estate is insolvent (debts exceed assets), stop immediately and seek legal advice. The Administration and Probate Act 1958 imposes a strict creditor priority order; distributing in the wrong order creates personal liability.

Transfer real estate Engage a licensed conveyancer or property solicitor to lodge a Transmission Application (Section 49 of the Transfer of Land Act 1958) through the PEXA network. Self-represented individuals cannot access PEXA directly. Allow 4 to 8 weeks.

Lodge tax returns

• File the deceased's final personal income tax return
• Apply for a Trust Tax File Number if the estate will earn income above the tax-free threshold during administration
• Lodge annual trust tax returns by 31 October each year until the estate is finalised

Stage 6: Final Distribution (After 6 Months from Grant Date)

Wait out the family provision period Eligible family members have 6 months from the date the Grant of Probate is issued to file a family provision claim. Distributing estate assets before this period closes creates personal liability for the executor if a successful claim is subsequently made. Most executors wait the full 6 months.

Prepare an Administration Account Document all financial transactions: assets collected, debts paid, costs incurred, income received, and distributions made. Beneficiaries can request this account; provide it clearly and accurately.

Distribute the estate Transfer assets to beneficiaries according to the will. Obtain signed receipts from each beneficiary. Keep copies of all distribution documentation.

Close estate accounts Once all distributions are made and all tax returns are finalised, close the estate bank account.

The Victoria Probate Process Guide provides expanded checklists for each stage, including the Inventory of Assets template, the bank release request script, and the Administration Account format.

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