What does an executor actually have to do in Queensland?

In the first fortnight

Before anything legal happens, there is practical work only the executor can do.

• Arrange or confirm the funeral — the executor has the right to control the disposal of the body
• Locate the original will, including in a firm's or bank's safe custody
• Order the death certificate through the Queensland Registry of Births, Deaths and Marriages
• Secure the assets: lock the house, insure it as unoccupied, secure vehicles and valuables
• Redirect mail and notify the obvious institutions

Working out what there is

You cannot administer an estate you have not measured. Write to every bank, super fund, insurer, share registry and creditor for a date-of-death balance, and get title searches for any real property so you know how it was held.

The grant, where it is needed

Where a grant is required, publish the notice of intention to apply, serve the Public Trustee, and file the application in the Supreme Court of Queensland. Until the grant issues, most institutions will not deal with you.

Debts, tax and claims

Debts are paid before beneficiaries. That includes a final tax return for the deceased and, often, a return for the estate. Do not pay a legacy and then discover a liability — the shortfall can land on you.

The six month rule and personal liability

In Queensland an eligible person has six months from the date of death to notify a family provision claim and nine months to file. An executor who distributes early and is then met with a successful claim can be personally liable for the money already paid out. This is the single most common way executors get into trouble.

Accounts and distribution

Prepare estate accounts showing what came in, what went out and what each beneficiary receives, distribute in accordance with the will, and obtain receipts. Keep the file — a beneficiary can ask you to account for years afterwards.

Frequently asked questions