You’ve been through the paperwork, the waiting, and the grief. Now the Supreme Court has handed down a grant of probate and your real responsibilities as executor are just beginning.
Here’s what you actually need to do next, step by step, under Western Australian law.
What Must an Executor Do After Probate Is Granted for a Deceased Person’s Estate?
Once probate is granted, you become the legal personal representative of the deceased person’s estate. That means you have formal authority to collect the deceased’s assets, safeguard them, pay debts and taxes, and distribute what remains to all the beneficiaries under the will.
Before probate, you’re mostly in gather-information mode, lodging the application, providing the original will and death certificate, and preparing affidavits. After the grant, you can actually act, including using a certified copy of the death certificate for banks, registries, or asset holders as needed. Banks will release funds. Landgate will process transfers. Financial institutions will deal with you directly.
A grant of probate is required to manage large estates, and probate allows the executor to act on behalf of the estate. In most cases, probate is granted in common form without a court case. The current WA Supreme Court filing fee for a grant of probate or administration is $418 from 1 July 2026.
Your main duty categories boil down to:
- Asset collection → locate, secure and value all the assets owned by the deceased
- Debts and tax → identify liabilities, lodge tax returns, and pay what’s owed (including possible capital gains tax)
- Claims → give creditors a fair chance to come forward
- Distribution → hand over what’s left to beneficiaries strictly according to the will
In WA, an executor is a trustee of the estate. You owe strict duties to act honestly, keep estate money separate from your own, maintain thorough records, and avoid personal liability. Executors must act in good faith and with diligence; this isn’t optional, it’s a legal obligation. Executors must also act in good faith and with due diligence in every decision they make.
If you’re still at the stage of obtaining probate or need letters of administration because there’s no executor named, Hoe Lawyers can help with applications to the WA Supreme Court.
Notify Beneficiaries and Manage the Estate’s Assets
Soon after probate is granted, two things need to happen quickly: let the beneficiaries know where things stand, and take practical steps to protect estate assets. Real property needs insurance. Bank accounts need to be identified. Nothing should slip through the cracks.
Notify All Beneficiaries Named in the Will
Contact every person named in the will as soon as reasonably possible after the grant. Let them know probate has been granted and that you are the executor named to administer the estate. Prompt notification is considered best practice.
Keep written records of every communication. An email or letter is better than a phone call for evidence purposes.
What to tell beneficiaries:
- You’ve been appointed executor and probate has been granted
- A rough timeframe: most uncomplicated estates in WA take around 12 to 15 months to finalise
- No distribution will happen until debts and taxes are cleared
- You’ll provide updates as things progress
Beneficiaries aren’t entitled to receive anything yet, but they are entitled to basic information and reasonable updates.
Protect and Insure Estate Property
One of your first duties is to secure and insure every valuable asset to prevent loss or damage. The deceased’s property must be protected from the moment you have authority.
Practical steps:
- Change locks on the deceased’s property if needed, especially if keys are unaccounted for
- Check insurance: make sure home and contents cover is current and notify the insurer the property is now part of a deceased estate
- Forward mail to a secure address so bills and notices aren’t missed
- Clarify ownership: if the deceased held property as a joint tenant, it typically passes automatically to the surviving joint tenant and doesn’t form part of the estate. A title search through Landgate will confirm this
- Secure personal belongings: vehicles, jewellery, collections, business equipment. Photograph items and create a written inventory
- Store valuables safely: a solicitor’s trust account or safety deposit box may be appropriate for high-value portable items
A Joint Account usually passes to the surviving account holder by survivorship. Always verify before treating something as an estate asset. Where property or funds were in the deceased’s name alone, they usually form part of the estate and must be dealt with through the estate process.
Manage Business Interests and Estate Income
Where the deceased person owned a small business, rental properties, or shares in a private company, you must keep those interests running safely until the estate is ready for distribution.
An executor must collect the deceased’s assets, and that includes income those assets produce after death. Rent coming in, dividends accruing, interest on bank accounts. All of it belongs to the estate.
Key tasks:
- Collect rent or dividends, and where access is available after probate, withdraw funds from the deceased’s bank account to pay estate expenses before depositing estate income into the estate’s bank account
- Pay essential expenses (rates, insurance, loan repayments) from estate funds
- Decide, with professional advice, whether to sell or transfer the business or property to beneficiaries
- If a business can’t be run safely, get help quickly rather than trading on without experience
Income received by the estate after death will likely need to be declared in estate tax returns, which we’ll cover shortly.
Value Assets and Prepare an Estate Inventory
Probate gives you authority, but you still need a clear picture of what the estate owns and owes. An updated inventory after the grant is essential.
While WA doesn’t impose a statutory deadline, getting your inventory done promptly is critical; it underpins everything that follows.
Your inventory should cover:
- Real property: get a professional valuation, especially if capital gains tax might apply on a later sale
- Bank accounts: obtain balances from every financial institution as at the date of death
- Shares and investments: request holding statements from registries
- Motor vehicles: check market value
- Superannuation benefits: contact superannuation funds and superannuation companies (note: super is often paid outside the estate, directly to nominated beneficiaries)
- Money held in term deposits, trusts, or owed to the deceased
- Debts owed to the estate: loans to family members or others
This inventory becomes the backbone of your later beneficiary statements.
Pay Debts, Complete Tax Obligations and Prepare the Estate for Distribution
No distribution should happen until you’ve identified and paid the deceased person’s debts and dealt with tax obligations. If you skip this step, you risk personal liability.
This stage takes the most time. Credit cards, business debts, outstanding tax, medical bills; all need sorting. Careful record-keeping is non-negotiable. Executors must pay debts before distributing the estate, full stop.
Identify and Pay the Deceased’s Debts
Compile a complete list of every liability. Debts are paid from estate assets, not from your own pocket.
Common categories to check:
- Funeral expenses: these must be paid before other debts are settled, as they sit at the top of the priority list along with testamentary expenses
- Medical and hospital bills
- Credit cards and unsecured debts
- Mortgages and secured loans
- Utility bills and rates
- Any contracts the deceased person entered into
For insolvent estates, there’s a strict priority order set by relevant legislation. Don’t pay “favoured” creditors or family loans ahead of others without advice; that can trigger disputes or claims of unfair preference.
Publishing a section 63 notice to creditors in WA gives creditors at least one month to submit claims against the estate. Taking this step can limit your exposure as executor if unknown creditors emerge later.
Never arrange payment to beneficiaries before all known debts are cleared. Executors can be personally liable for unpaid debts if the estate is distributed early.
Complete Final Tax Return and Estate Tax Returns
You’re responsible for ensuring the deceased’s tax affairs are fully up to date before distributing anything.
There are two types of returns to consider: the final tax return for the deceased person, covering income up to the date of death, and any separate tax returns for the deceased estate, covering income earned after death from investments or rent.
You’ll need to notify the ATO of the death, and lodge the deceased’s final tax return and, where applicable, deceased estate trust tax returns.
See the Australian Taxation Office for guidance.
For tax purposes, death itself usually does not trigger capital gains tax. But later sales or transfers of assets like real property or shares may trigger CGT, particularly if the asset wasn’t the deceased’s main residence.
Australia abolished federal estate tax decades ago, but CGT and income tax still apply to deceased estates.
Key tax questions to ask your accountant:
- Is a final personal return needed for the deceased?
- Does the estate need its own trust tax return?
- Are there CGT issues on any planned sales or transfers?
- Should we seek ATO confirmation before distributing?
Failure to pay taxes can make executors personally liable. Get this right.
Establish Trusts for Beneficiaries Where Required
Some wills in WA create ongoing trusts, for example, where beneficiaries are children under 18, have disabilities, or where the estate provides a life interest for someone.
When this happens, your role shifts from executor to trustee. Instead of simply handing over assets, you must administer the trust strictly according to the will’s specific instructions.
Common trust scenarios include:
- Minor beneficiaries → funds held in a separate bank account until the child turns 18 (or another age specified in the will)
- Life interest trusts → one person named to live in the deceased’s property for life, with the property passing to other beneficiaries afterwards
- Disability trusts → ongoing management of funds for a beneficiary who can’t manage their own finances
- Income distribution trusts → regular payments to a beneficiary from estate income
These arrangements can be technical. Seek tailored legal and accounting professional advice rather than guessing how to interpret the trust terms.
Distribute the Estate According to the Will
Once all the assets are collected, debts and tax are finalised, and adequate provision is made for any outstanding matters, you can move to distribution. Executors must distribute the estate according to the will; no shortcuts, no informal handouts.
Read the will carefully. Distinguish between specific gifts (a particular piece of jewellery, a car), cash legacies, and the residuary estate (everything left over). Remaining assets must be distributed to beneficiaries according to the terms of the will or intestacy laws if there’s a partial intestacy.
Rushing distribution before liabilities are clear can expose you to personal liability. The estate must be distributed according to the will or intestacy rules, but only when the time is right.
Prepare Statements for Beneficiaries
Before paying anything out, prepare a simple set of estate accounts for each beneficiary.
A clear statement should include:
- Assets collected (with values at date of death)
- Funeral and administration costs paid
- Payments to creditors
- Tax paid or set aside
- Final calculation of each beneficiary’s entitlement
Provide each beneficiary with a copy and ask for written confirmation they’re comfortable with the figures before you make final transfers. Well-presented accounts reduce suspicion, questions, and the risk of later challenges, especially in blended families or where distributions are unequal.
Distribute Cash and Assets Under the Will
This is where you actually transfer money and property. You distribute cash gifts, transfer titles to real property, and hand over specific items.
Key points: cash legacies are usually paid first once you’re confident debts and taxes are covered. Transfers of real property in WA require Landgate paperwork and often a settlement agent or lawyer. Property held in joint names under joint tenancy usually bypasses the estate entirely and goes to the surviving joint tenant on production of the death certificate; it won’t appear in your distribution.
Practical checklist for distribution:
- Pay cash legacies from the estate bank account
- Lodge transfer documents with Landgate for any real property (self-assessment of stamp duty may be required through RevenueWA)
- Deliver specific gifts and personal belongings as directed by the will
- Obtain signed receipts from beneficiaries for every significant payment or transfer
- Keep certified copies of all transfer documents
If there are unresolved disputes or potential Family Provision Act claims, hold back a contingency amount. Don’t distribute everything until you’re confident the estate is settled and you can transfer the estate properly, including holding back funds where needed. Beneficiaries agree on the figures first, then you pay.
How Long Does an Executor Have to Finish Their Duties?
WA law doesn’t set a fixed deadline in every case. An uncomplicated estate generally takes 12 to 15 months to administer, according to the WA Public Trustee, while more complex estates can take longer.
The common idea of the “executor’s year” means beneficiaries generally regard delays beyond 12 months as needing explanation, particularly where assets are straightforward (a home, bank accounts, superannuation, one or two beneficiaries).
Common reasons an estate may take longer:
- Sale of real property in a slow market
- Tracing assets or locating beneficiaries (including overseas beneficiaries)
- Waiting for tax returns to be finalised
- Ongoing court action or Family Provision Act claims
- Complicated business interests or disputes between family members
Keep beneficiaries updated if matters are dragging on. Silence creates friction. Communication prevents court action.
What Happens If an Executor Fails to Meet Their Legal Duties?
Executors in WA can face serious consequences for mishandling estate funds, ignoring responsibilities, or delaying without reasonable cause. This includes potential personal liability, removal by the Court, and even legal action.
Keeping estate money separate, avoiding conflicts of interest, and following the will are non-negotiable. Executors can face legal action for breaching their duties.
Can an Executor Be Personally Liable for Estate Debts?
Yes, in some situations, including if a person dies leaving debts. An executor is usually not liable simply because the deceased owed money. But an executor can be held personally liable for mismanagement, and that includes distributing the estate before paying known debts or tax, or misusing funds.
Executors may be personally liable for improper estate administration. Simple examples:
- Paying large gifts to beneficiaries and then discovering an unpaid ATO debt
- Selling estate assets to yourself at undervalue
- Mixing estate money with personal accounts
- Ignoring known creditors to speed up distribution
Protective steps include publishing a notice to creditors, seeking professional advice before large distributions, and keeping meticulous records. Beneficiaries or creditors can ask the Court to review your conduct and, in serious cases, to compensate the estate from your own funds. Executors must pay all debts before distributing the estate, and if they don’t, they bear the consequences.
What If an Executor Does Not Want to Act?
Being the person named as executor in a last will doesn’t force you to accept the role. You can renounce before taking active steps, but timing matters.
If the executor named in the will renounces, another person (often a beneficiary) can apply for probate or letters of administration with the will annexed, depending on the circumstances. If an Other Executor is named, that replacement or co-executor may be able to carry on alone.
Your options:
- Renounce before you’ve intermeddled with estate assets
- Share duties by acting with the Other Executor if one has been appointed
- Seek removal or replacement through the Court if the job has become unmanageable
If you’ve already started dealing with assets, get legal advice before stepping back. You may have obligations you need to formally hand over. An administrator fails in their duty if they simply walk away without proper process.
Can an Executor Be Paid for Their Work?
Executors are generally entitled to have reasonable out-of-pocket expenses reimbursed from the estate, such as postage, death certificate fees, property maintenance costs, travel. These are paid from estate funds as testamentary expenses.
Separate “executor’s commission”, payment for your time and effort, is not automatic. It may be:
- Authorised by the will itself
- Agreed by all adult beneficiaries in writing
- Awarded by the Supreme Court in appropriate cases
Keep clear time and expense records if you intend to ask for commission, and be transparent with other beneficiaries about any proposal to be paid. Taking money from the estate without a legal or agreed basis can amount to a breach of duty. All the duties of an executor are carried out in a position of trust, and that trust must be earned and maintained.
How Hoe Lawyers Can Help With Probate Matters
Administering a deceased estate in Western Australia can be time-consuming and stressful, especially where there are complex assets, tax questions, or tensions between family members. You don’t have to navigate it alone.
When you need help with probate or letters of administration, our team can:
- Advise whether probate or letters of administration are required for your situation
- Prepare and lodge applications for a grant of probate or letters of administration with the WA Supreme Court
- Handle the associated documents and online filing steps to simplify the process for executors
With more than a decade of experience in estate law since 2009, we have assisted hundreds of clients through the probate process in Western Australia.
We offer clear, upfront information about likely steps and costs so you know where you stand from day one. If you’re acting as an executor or administrator and want tailored advice for your situation, you can book an appointment or get in touch with our team directly.
FAQs
Do beneficiaries pay tax on money they inherit in WA?
No. Australia has no inheritance tax. Beneficiaries generally receive their share tax-free, though the estate itself may need to pay income tax or capital gains tax first.
How long after probate must an executor wait before distributing the estate?
Most WA practitioners recommend waiting at least six months from the grant, since a Family Provision Act claim can be filed within six months of probate being granted.
Can an executor sell the deceased’s house before the estate is finalised?
Yes, once probate is granted. But it should only happen with a proper valuation, beneficiary agreement where possible, and confirmation that the sale won’t leave debts unpaid.
What can beneficiaries do if an executor is too slow or unresponsive?
They can request updates in writing, then apply to the Supreme Court of WA to compel accounts or seek the executor’s removal for unreasonable delay.
Is superannuation part of the deceased estate in WA?
Usually not. Super is typically paid directly to a nominated beneficiary or dependant outside the estate, unless the fund pays the benefit to the estate itself.