Executor Duties in the ACT: What You Are Actually Responsible For

Being named executor in an ACT will feels like an honour until the person dies. Then it feels like a second job with strict legal obligations, no salary, and serious personal liability if you get things wrong.

This is not meant to frighten you. Most straightforward ACT estates can be administered by a lay executor without a lawyer. But you need to understand what you have actually agreed to before you start making decisions.

What Changes the Moment Someone Dies

Your authority as executor does not start until the ACT Supreme Court formally recognises it. If you were helping manage the deceased's affairs under an Enduring Power of Attorney, that document becomes void at the moment of death. Full stop. There is no overlap.

Until you receive a Grant of Probate, your authority is limited to preliminary steps: arranging the funeral, securing assets (locking property, protecting valuables), and gathering information. You cannot sell the house, distribute assets, or make significant financial decisions. Attempting to do so exposes you personally.

If there is no will, the same principles apply — but you apply for Letters of Administration rather than Probate, and the court first determines who has the legal right to administer.

The Executor's Core Responsibilities

1. Securing the Death Certificate and Physical Assets

The funeral director typically registers the death with Access Canberra within seven days of burial or cremation — a statutory obligation. A standard Death Certificate currently costs $52. Order multiple certified copies immediately; you need them for banks, Land Titles, the Supreme Court, the ATO, and share registries. A single copy will bottleneck the process.

Secure the property. Change the locks if the deceased lived alone. Check for time-sensitive obligations — bills on autopay, a lease requiring notice, a business needing immediate attention.

2. Locating and Reviewing the Will

Find the original will. The ACT Supreme Court will retain the original permanently when you file your application. Treat it accordingly: do not remove staples, do not fold it, do not add paperclips or annotations. The registry examines the physical document closely for signs of tampering, as any evidence that pages were added or removed can trigger a contested application.

Read the will carefully. Identify all named beneficiaries and any specific bequests. Note any co-executors or substitute executors, and whether any has since died or cannot act — this must be addressed in your court affidavit.

3. Deciding Whether Probate Is Required

Not all ACT estates require a formal Grant of Probate from the Supreme Court. The key factors:

• Solely-owned ACT real estate or tenancy in common: Probate is mandatory before the property can be sold or transferred.
• Bank accounts in the deceased's sole name above the bank's threshold: Major banks like CBA, ANZ, and NAB generally require probate for solely-held balances above approximately $50,000. Westpac's threshold is reported to be higher — up to $114,000. Call each institution's deceased estate team to confirm.
• Joint bank accounts and joint tenancy property: These pass automatically to the surviving account holder or co-owner. Probate is not required for jointly-held assets.
• Superannuation: Super does not form part of the estate. If the deceased left a valid Binding Death Benefit Nomination, the fund pays the nominated beneficiary directly, bypassing the estate entirely.

For small estates with total ACT assets under $150,000, the ACT Public Trustee and Guardian (PTG) can file an Election to Administer on your behalf, bypassing the full court application — though their commission structure (4.4% on the first $300,000 of capital value) can be costly. For estates under $50,000, the Supreme Court waives the filing fee entirely.

4. Publishing the Notice of Intention

If probate is required, the formal process begins with publishing a Notice of Intention through the ACT Supreme Court's online smart form portal — since March 2022, the only legally valid method. Newspaper publication is no longer accepted.

The notice costs $61 and must be published for at least 14 clear days before you file. It expires after 3 months, so file within that window. If you correct an error by amendment, the 14-day clock resets from the amendment's processing time — a common delay that catches executors by surprise.

5. Preparing and Filing the Court Application

After the 14-day minimum has passed, you file the application at the ACT Supreme Court registry. The required documents for a standard Grant of Probate are:

• Form 3.1 (Originating application — probate): the cover sheet
• Form 3.4 (Grant of probate): submitted in duplicate, with a certified copy of the will physically annexed to each copy
• Form 3.11 (Affidavit of applicant): a sworn statement covering your identity, the fact of death, the validity of the will, and an inventory of the estate's gross ACT assets and liabilities
• Form 3.14 (Affidavit of search): a sworn statement confirming you have searched the court register for competing applications, prior wills, or caveats

Filing fees are based on the gross value of ACT assets: nil for estates under $50,000; $1,124 for $50,000–$250,000; $1,420 for $250,000–$500,000; $2,147 for $500,000–$1,000,000; and $2,859 for estates over $1,000,000. Payment is made by credit card via a form emailed to the civil registry.

The court does not give second chances on basic formatting errors. The grant must be in duplicate, the will must be annexed to both copies, and the names in the affidavit must match the death certificate exactly. If names differ between documents — a common issue with women who used different surnames — an affidavit explaining the discrepancy is required.

The ACT Probate Process Guide includes a pre-filing QA checklist specifically designed to catch the errors that trigger court requisitions.

6. Collecting and Managing Estate Assets

Once the Grant is issued, present certified copies to banks, share registries, and the Access Canberra Land Titles office to liquidate or transfer assets. An officially sealed exemplification copy from the court costs $138.

Keep detailed records of every transaction. As executor, you owe fiduciary duties to the beneficiaries. If a beneficiary believes you acted negligently, they can apply to the court to have you removed or held liable. Records are your protection.

7. Paying Debts Before Distributing

Before distributing anything to a beneficiary, pay: funeral and administration costs first (they hold absolute legal priority), then secured creditors, then unsecured creditors. Lodge outstanding tax returns and obtain ATO clearance.

If the estate is insolvent — debts exceed assets — stop and call a solicitor. An executor who pays a lower-priority debt before a higher-priority one can be personally liable for the shortfall.

8. Waiting Out the Distribution Window

The grant is issued. Assets are collected. Beneficiaries are calling. Do not distribute yet.

Under the Family Provision Act 1969 (ACT), eligible family members have six months from the date the grant is issued to make a claim. If you distribute before that window closes and a successful claim follows, you can be held personally liable out of your own pocket. Publish a notice of intended distribution under Section 64 of the Administration and Probate Act 1929, wait for the six-month period to expire, confirm no outstanding creditor claims, then distribute.

When to Step Aside

You are not obligated to accept the role. If the estate is too complex or the family dynamics too fraught, you can renounce using Form 3.15 (Renunciation of Probate). Decide early — once you have started acting formally, renouncing becomes legally complicated. The next named executor in the will then takes over; if none exists, an eligible beneficiary applies for Letters of Administration with the Will Annexed.

Managing an ACT estate step by step — without a lawyer's hourly rate — is entirely achievable for a straightforward estate. The ACT Probate Process Guide gives you the complete workflow: forms, timelines, fee schedules, and the checklists that prevent the common filing errors that delay grants by weeks.

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