Executor Duties in Western Australia: A Plain-English Overview

Being named executor in someone's will is an honour, but it is also a legal appointment that carries real fiduciary responsibility. In Western Australia, executors operate under the Administration Act 1903 (WA), the Trustees Act 1962 (WA), and the non-contentious probate rules of the Supreme Court. Performing these duties incorrectly — even with good intentions — can expose you to personal financial liability.

This is a practical overview of what the role actually requires.

The Moment of Death: What Changes Immediately

The moment the testator (the person who made the will) dies, several things change at once:

• Any Enduring Power of Attorney (EPA) or Enduring Power of Guardianship (EPG) that was in force for the deceased immediately ceases to have legal effect. If you were acting as attorney, you must stop immediately. Continuing to access accounts or manage property after death without a Grant of Probate is acting without authority.

• The executor's authority begins, but it is limited. You can arrange and direct the funeral — the will may express the deceased's wishes and the executor has the primary legal right to act on those wishes. You can secure property and vehicles. You cannot yet sell assets or distribute funds from accounts.

• The estate's assets are now effectively frozen until either probate is granted or the bank's deceased estate process is satisfied.

Phase One: First 48 Hours to One Week

Locate the original will. The original document is required for probate — photocopies are not accepted by the Supreme Court of WA. If you believe there is a will but cannot locate the original, check with solicitors, the Public Trustee, and anyone the deceased may have trusted with it.

Arrange the funeral. The executor holds the primary legal right to direct funeral arrangements, guided by any wishes expressed in the will. If a prepaid funeral exists, verify it with the funeral director before paying for anything. Under Consumer Protection WA regulations, prepaid funeral funds must be held with an independent investment manager, not the funeral home itself.

Secure property and assets. Ensure the deceased's home is locked and contents are protected. Notify insurers of the death. If the deceased had vehicles, ensure they are secured.

Apply for the death certificate. The certified death certificate issued by the WA Registry of Births, Deaths and Marriages (BDM) costs $58 and requires three forms of identity. Apply for multiple copies — banks, Landgate, the Supreme Court, and superannuation funds each need an original certified copy.

Phase Two: The First Month

With the death certificate in hand, the executor's primary task is notification and asset triage.

Notify financial institutions. Contact each bank where the deceased held accounts. Ask for their deceased estate team. Establish whether probate is required — this depends on the balance in solely held accounts relative to each bank's internal threshold (commonly $50,000 for ANZ and NAB, around $100,000 for CBA/Bankwest and Westpac, sometimes as low as $15,000 for credit unions).

Notify government agencies. This includes the ATO, Medicare, and Centrelink. The Australian Death Notification Service (ADNS) notifies multiple agencies in one step, but some — particularly the ATO — should also be contacted separately.

Conduct a Certificate of Title search at Landgate ($32.60) to determine whether real property is held as joint tenants (bypasses probate) or as sole owner/tenants in common (requires probate and a Transmission Application).

Assess whether probate is required. Probate is needed if the estate includes real property held solely or as tenants in common, or if any financial institution holding a solely held account requires it. You cannot apply for probate until at least 14 days after the date of death.

Phase Three: Months Two to Six — Court Authority

Apply for probate. The Supreme Court of Western Australia's eCourts Portal generates the required documents: the Motion, Affidavit of Executor, and Schedule of Assets and Liabilities. These must be printed, signed in wet ink, witnessed, and physically lodged at the Court Registry with the original will. The filing fee is $408.

The Schedule of Assets requires date-of-death valuations, not current values. Banks must provide balances as at the date of death. Properties need a market appraisal as at that date.

Pay debts in the correct order. Executors must pay estate debts before distributing to beneficiaries. The statutory order of priority is: funeral expenses first, then secured creditors (mortgages), then administration costs (legal fees, court fees), then unsecured creditors (credit cards, personal loans). In an insolvent estate — where debts exceed assets — beneficiaries receive nothing.

Publish a Section 63 Notice. Under Section 63 of the Trustees Act 1962 (WA), publishing a formal notice to creditors in the WA Government Gazette and a relevant local newspaper, giving at least 30 days for claims to be submitted, protects the executor from personal liability for unknown debts. Without this notice, distributing the estate leaves you personally exposed if a creditor surfaces later.

Phase Four: Distribution and Closure

Once the creditor notice period has expired, all known debts are paid, and all required ATO returns are lodged, the executor can distribute the residual estate to beneficiaries according to the will.

Obtain signed receipts from every beneficiary confirming receipt of their share. Keep meticulous financial records of the entire administration. Executors are accountable to beneficiaries and, if demanded, must produce accounts showing all income received, all debts paid, and all distributions made.

The ATO expects a final individual tax return for the deceased for the period up to the date of death. If the estate earns income after death (rent, interest, dividends) while administration is open, a separate deceased estate trust tax return must be lodged for each financial year the estate remains open.

What Can Go Wrong

The most common executor mistakes in Western Australia involve:

• Distributing assets before the creditor notice period has expired
• Selling property before probate is granted
• Failing to identify a family provision claim period (six months from the grant) and distributing too quickly
• Paying unsecured debts out of order in an insolvent estate
• Failing to lodge ATO returns before finalising the estate

Each of these can result in personal liability. The executor is not shielded simply because they acted in good faith.

The WA Estate Settlement Guide provides a sequenced, chronological workflow of all executor obligations in Western Australia — with the specific forms, fees, timelines, and decision points that determine whether you need the Supreme Court, Landgate, a tax agent, or all three.

See more Western Australia guides →