What an executor actually does in NSW (step-by-step, real duties)

Executors in New South Wales have a big job: from the moment someone passes away, the executor steps in to handle the deceased person’s affairs. In plain terms, an executor is the person named in a will to administer the estate – they must collect the deceased’s assets, pay off any debts, and distribute what’s left to the beneficiaries, following the will’s instructions
supremecourt.nsw.gov.au.

This guide breaks down what an executor actually does, step-by-step. We’ll clarify what an executor is responsible for (and what they’re not responsible for), walk through the process from the time of death to final distribution, and highlight common pitfalls and legal requirements along the way. You’ll also learn the difference between an executor and an administrator (in cases where there’s no will), how probate works in NSW, and when an executor should seek professional help. Finally, we’ll show how LifeVault can help make an executor’s job easier by keeping crucial information and documents secure and organised.

What is an executor (and what isn’t)?

An executor is the person chosen in a will to sort out the deceased person’s estate. In NSW, an executor can be a family member, a friend, a trusted advisor (like a solicitor), or even an organisation like the NSW Trustee & Guardian
nsw.gov.au. Their job only begins after the person has died – contrary to some misconceptions, an executor has no power while the will-maker is alive (and being an executor is not the same as having power of attorney, which ends at death).

Crucially, an executor is not the owner of the deceased’s assets – at least not permanently. They act as a trustee of the estate: they temporarily take control of the assets to pay off debts and then transfer the assets to the rightful beneficiaries. They must follow the will and cannot give themselves extra assets or change the distribution (unless the will gives them specific discretionary powers, which is uncommon for personal estates).

Executor vs administrator: These terms are similar – both refer to someone who handles a deceased estate – but an executor is named in a will, whereas an administrator is appointed when there is no valid will (or no executor available). If there’s a will, the executor’s authority is confirmed by the Court when it grants probate (official approval of the will)
nsw.gov.au. If there’s no will, the estate goes to intestacy and the Court will appoint an administrator (often the next of kin) to manage the estate in a similar fashion. In summary, executors and administrators have the same duties, but an executor follows a will’s instructions and an administrator follows the intestacy laws.

It’s also worth noting what an executor is not responsible for. For example, an executor is not a financial adviser for the beneficiaries – their role is to transmit the assets as directed, not to manage or invest those assets long-term (unless the will creates a trust). An executor also isn’t required to personally pay the deceased’s debts out of their own pocket – debts are paid from the estate’s funds. (However, if an executor distributes estate money to beneficiaries before paying all debts or taxes, they can be held personally liable for any shortfall
nsw.gov.au, so it’s important to handle liabilities first.) Executors are not superhuman, either – they can hire professionals (estate lawyers, accountants, real estate agents) to help, with the costs charged to the estate. And if an executor feels unable to do the job, they are allowed to step down (renounce) before they’ve started (we’ll cover that later).

First steps after death

When a person dies, the executor’s role begins immediately (assuming they accept the role). There’s no need to wait for a court appointment to start certain tasks. Here are the first practical steps an executor should take in NSW:

• Locate the will: The executor needs to find the most recent original will (with any codicils). Hopefully the will-maker told someone where it’s kept – common places include a home safe, a filing cabinet, with a solicitor, or with the NSW Trustee & Guardian’s Will Safe. The original will is crucial for probate, so keep it safe and do not write on it or remove staples. If you can’t find a will and suspect there isn’t one, then the estate will be handled by an administrator instead (which means as the presumed executor, you’d apply for letters of administration instead of probate).
• Secure property and assets: It’s an executor’s duty to protect the estate. This means making sure the deceased’s home is locked and secure, valuables are safely stored, and things like vehicles are secured. If the deceased lived alone, consider changing locks if necessary and taking possession of keys. Also, ensure that insurance policies (home insurance, etc.) are still in force – if not, the executor should promptly arrange insurance to protect against theft or damage. (If an executor fails to safeguard assets and, say, the house is vandalised or valuables disappear, it could be seen as a breach of duty
  nsw.gov.au.)
• Notify close family and friends: Often, family members will already know of the death, but the executor should ensure that all immediate family and any significant beneficiaries named in the will are informed. This isn’t the formal “notice to beneficiaries” with details of their inheritance – it’s just making contact so people know what’s happening and who the executor is. Early communication can prevent confusion or conflicts later.
• Funeral arrangements: Executors are usually responsible for the funeral and related arrangements
  nsw.gov.au. In practice, families often plan the funeral together, but legally the executor has the right to decide on burial or cremation if there’s a dispute. Check the will for any funeral wishes (some people specify if they want to be cremated, or have a certain type of service). The costs of the funeral are an estate expense – the executor can usually arrange with the deceased’s bank to have funeral costs paid out of the deceased’s bank account directly. (Funeral expenses are the top priority expense and can be paid even before probate is granted
  lawsociety.com.au.)
• Obtain the death certificate: The death certificate is issued by the NSW Registry of Births, Deaths & Marriages (often the funeral director helps apply for this). As executor, you will need multiple certified copies of the death certificate to provide to banks, insurance companies, super funds, etc., as proof of death
  nsw.gov.au. It usually takes a couple of weeks after the funeral for the official death certificate to be available. Without it, many organisations won’t release information or funds, so it’s a key document for the next steps.
• Inform institutions and stop ongoing obligations: Identify the various institutions and service providers the deceased had, and start notifying them of the death. This includes banks, insurance companies, superannuation funds, utilities (electricity, water, phone), subscription services, the Australian Tax Office, Centrelink (if the person was receiving a pension or benefits), etc. Stopping pensions and payments prevents overpayments that might later need to be recovered. Banks will typically freeze the deceased’s individual accounts once notified (to prevent unauthorized transactions), though they may allow essential expenses like funeral or rates to be paid
  bdn.com.au
  bdn.com.au. You can use the Australian Death Notification Service (ADNS) to help notify multiple organisations in one go
  nsw.gov.au.
• Notify and locate beneficiaries: The executor should make reasonable efforts to contact all beneficiaries named in the will (once you have a clear final version of the will). You don’t necessarily need to give them a full rundown of their entitlements immediately, but let them know that they are named in the will and that the administration process is underway
  nsw.gov.au. If any beneficiaries are hard to find (e.g. estranged relatives or people overseas), the executor must make diligent attempts to locate them – this can include searching records or even hiring a genealogist for very tricky cases. Failing to include a beneficiary could lead to legal trouble, so take this seriously.
• Take stock of assets and debts: Early on, start compiling a list of everything the deceased owned (assets) and everything they owed (liabilities). This inventory typically includes real estate, bank accounts, superannuation accounts, life insurance policies, shares, vehicles, personal belongings of significant value, and any businesses or trusts the person had. Also list mortgages, credit card balances, personal loans, utility bills, and other debts. This step is important because it lays the groundwork for the probate application (which requires an inventory of property) and helps you figure out if the estate is solvent (has more assets than debts). It can be time-consuming, as you might have to dig through paperwork or contact institutions to confirm balances. As executor, you have authority to get information – for example, banks will provide account info to you once you show them appropriate documents like the death certificate and your identification.

Many of these first steps can be done before probate is obtained. The goal is to preserve the estate and get ready for the formal administration. Think of the executor at this stage as a caretaker: securing everything and gathering information so that when the court paperwork (probate) is sorted, the assets can be collected and distributed efficiently.

(Tip: If any asset appears to be jointly owned – such as a joint bank account or jointly owned home – remember that those assets aren’t part of the estate for the executor to distribute. They pass directly to the surviving co-owner. You may still need to provide a death certificate to the bank or Land Registry to transfer the asset to the survivor’s name, but you won’t include jointly owned assets in the probate application. For more details on assets that bypass the will, see our guide on non-probate assets.)

When is probate required in NSW?

Probate is the process of the Supreme Court of NSW formally approving the will and authorising the executor to act. The result of a successful application is a document called a Grant of Probate – essentially your ticket to show banks, the land titles office, and others that you are the legal executor and can deal with the assets
supremecourt.nsw.gov.au.

In NSW, not every estate needs probate. It depends on what assets the deceased had, their value, and how they were held. Here are the general rules and scenarios:

• Real estate in the sole name of the deceased: Probate is almost always required if the deceased owned any real property (house, land, apartment) solely or as a tenant in common
  supremecourt.nsw.gov.au. The NSW Land Registry won’t allow transfer of the property to the new owners (or sale) without a grant of probate (or letters of administration) – this is because they need to be certain the will is valid and you’re authorised. Exception: If the property was owned as joint tenants, it doesn’t go through the estate at all – it automatically goes to the surviving joint owner
  supremecourt.nsw.gov.au, and the survivor just registers a Notice of Death with Land Registry to update the title.
• Moderate to large bank accounts (and other financial assets): Banks and financial institutions in Australia have thresholds above which they insist on probate. Each bank sets its own policy: many use a threshold in the ballpark of $50,000 (some higher, some lower)
  andlegal.com.au
  bdn.com.au. This means if the deceased had, say, $80,000 in a Westpac account in their sole name, Westpac will require probate before releasing the funds to the executor. If the amount is small (e.g. $5,000 in a savings account), the bank might waive the probate requirement and instead release funds to the executor or next of kin after certain forms are filled out
  bdn.com.au. Practical tip: It’s often worth calling each bank to ask their threshold. If the estate has no other reason for probate (no real estate, etc.) and all accounts are under the limits, you might avoid probate entirely
  supremecourt.nsw.gov.au. Also, joint accounts do not require probate – the surviving account holder typically just needs to provide a death certificate and the account will be transferred to them.
• Shares and investments: Share registries (like Computershare or Link Market Services) and investment funds also have thresholds. Often, if the total value of shares in a company exceeds a relatively low amount (commonly around $15,000–$20,000), they will ask for probate to transfer or sell the shares
  bdn.com.au
  bdn.com.au. If shareholdings are small, registries might transfer them with just a death certificate and indemnity. For example, if the deceased had 100 shares worth $2,000, probate may not be needed just for that. But if they had multiple parcels of shares that add up to a large total, expect to need probate. As an executor, you can check with each registry.
• Superannuation and life insurance: These are a bit special. Superannuation isn’t automatically part of the estate – the super fund’s trustee decides the beneficiary (based on the deceased’s nomination and the law). If the super fund pays directly to a dependent (e.g. spouse), no probate is needed for that payout – it never goes into the executor’s hands. Similarly, if a life insurance policy names a specific person (like “to my daughter”), the insurance company will pay that person directly without probate. However, if the deceased’s super or insurance is going to be paid into the estate (for example, the person’s nomination was to their “estate” or there were no valid nominations), then those funds become estate assets. The super fund or insurer might require the executor to obtain probate before they hand over the money
  supremecourt.nsw.gov.au, to ensure they’re giving it to the right person. So, if a large super death benefit is coming into the estate, that alone can trigger the need for probate.
• Small estates: If the deceased had no real estate and only a modest amount of money, you may not need probate at all. There’s no hard dollar definition of a “small” estate in NSW law
  bdn.com.au, but if all assets are under various institutions’ thresholds, the executor can often administer the estate informally. This involves providing death certificates, maybe a copy of the will, and signing indemnity forms with each asset holder to release funds
  supremecourt.nsw.gov.au. It’s less paperwork and saves the probate filing fee. Each asset holder (bank, etc.) has its own requirements, so you have to approach them one by one
  supremecourt.nsw.gov.au. If you are the sole beneficiary and executor, they’re often very accommodating. On the flip side, if in doubt, it can be safer to get probate – it provides a clear legal authority and cuts off certain risks (for example, once probate is granted, the will’s validity can’t be challenged on the basis of a newer will, etc., as the court process would have considered that).

In NSW, the Supreme Court expects you to apply for probate within 6 months of the date of death (if you need to apply at all). In fact, if you file for probate after 6 months, you have to provide a written explanation (an “Affidavit of Delay”) explaining why
supremecourt.nsw.gov.au. Many estates are handled well within that timeframe, but sometimes delays happen (e.g. difficulty obtaining asset valuations or a holdup in getting a death certificate). Just be aware of the 6-month guideline.

Also, before applying for probate, the executor (or their solicitor) must post an online Notice of Intended Application on the NSW Online Probate Registry and wait at least 14 days
lawsociety.com.au. This is essentially a public notice saying “I intend to apply for probate of [Person’s] will” – it gives creditors or other interested parties a heads-up. Only after that notice period can you lodge the probate application paperwork.

What does the probate process involve? In brief: filling out a Probate Application (with details on the deceased, the assets, and the executors), an executor’s affidavit, an inventory of property (assets and liabilities), and lodging these with the Court along with the original will and the death certificate
lawsociety.com.au. There’s a filing fee that depends on the estate’s value (estates under $100k are free; larger estates have fees that scale up)
lawsociety.com.au. If everything is in order, the court will issue the Grant of Probate, usually within a few weeks to a couple of months after application. As of 2025, applications are done online in NSW, and you (or your lawyer) will receive the grant electronically.

Once probate is granted, the executor’s job shifts into high gear – now they have the official authority to collect and deal with assets. We’ll cover those duties next.

(For more detail on probate and whether it’s needed, see our article “When Is Probate Required in NSW?” – it’s focused on that question and provides examples and thresholds.)

Executor’s duties: assets, debts & taxes

With probate in hand (if probate was required – otherwise, with death certificate and will in hand for small estates), the executor can now administer the estate proper. This phase of the executor’s duties includes collecting assets, paying debts and expenses, and managing any ongoing administrative tasks. Let’s break down the key responsibilities:

Collecting (calling in) the assets: Using the Grant of Probate (or proof of death and your authority), the executor must gather the deceased’s assets under the estate’s control. This means closing bank accounts and having the bank send the money to the estate account, selling or transferring shares into the executor’s name (to then sell or distribute to beneficiaries), claiming any life insurance or superannuation death benefits payable to the estate, and taking possession of any other valuables. For real estate, collecting the asset means you might need to arrange for the property to be sold (if it’s to be turned into cash for distribution) or, if a beneficiary is inheriting the property, ensuring the title is transferred to them. Until sale or transfer, the executor should manage the property – e.g. maintain insurance, pay rates from estate funds, and perhaps rent it out if appropriate. It’s important to get date-of-death values for assets (you might need appraisals for property, or valuations for unique items, etc.), as these can be needed for tax purposes or just to account for your administration.

Using an estate account: Executors typically open a dedicated estate bank account to hold the collected money. For example, once you have probate, you close the deceased’s bank accounts and deposit those funds into the estate account. You also deposit any sale proceeds (from selling a car, property, etc.) into this account. All payments for the estate (debts, bills, and final distributions to beneficiaries) are then made out of this estate account. This keeps the money separate and makes accounting clearer.

Paying debts and expenses: The executor must ascertain all liabilities of the deceased. This includes obvious bills (funeral costs, medical bills, credit card balances, outstanding household bills, personal loans, etc.) and also any less obvious ones (perhaps a debt owed to a friend, or a pending bill that comes in after death, etc.). Debts are paid out of the estate funds – not from the executor’s own money. However, if the estate doesn’t have enough money (called an insolvent estate when debts exceed assets), the executor should get legal advice because there are specific rules for insolvent estates (essentially, estate bankruptcy). Assuming the estate is solvent, the executor pays the debts in a certain legal order: first funeral and administration expenses, then any taxes, then other debts
lawsociety.com.au. If there isn’t enough money to pay all debts in full, they must be paid proportionally or as priority rules dictate – again, that’s a complex scenario beyond this guide (seek advice if that happens).

Taxes: The executor is responsible for handling the deceased’s tax matters. This can involve lodging a final tax return for the portion of the tax year before the person died, and an estate tax return for any income the estate earns during administration (for example, interest on the estate bank account, rent from a property, etc.). Australia doesn’t have an inheritance tax, but things like capital gains tax can apply (e.g. if you sell the deceased’s property, there might be tax on any increase in value since they acquired it). Also, if the deceased was receiving Centrelink benefits or had tax debts, the executor deals with settling those. If the estate is complex, an accountant can be very helpful. Keep in mind: if an executor distributes assets without clearing tax liabilities, they can be personally liable to the ATO for unpaid tax (up to the amount distributed)
nsw.gov.au. So it’s wise to get a tax clearance or confirmation of no outstanding tax before final distribution.

Record-keeping and estate accounts: Throughout the administration, an executor should keep detailed records of all transactions. This means tracking every asset collected (with its value), every payment made, and every distribution. You may end up preparing a statement of accounts or distribution report for the beneficiaries at the end
lawsociety.com.au, showing what came in and what went out. Beneficiaries are entitled to know the basic financial outcome of the estate. Good records also protect the executor – if a beneficiary questions something, you can show receipts and documentation. (If an executor seriously mismanages funds and cannot account for assets, beneficiaries can approach the court to challenge the executor
nsw.gov.au.)

Managing ongoing responsibilities: Some estates require ongoing management before you can wrap them up. For example, if the deceased owned a business, the executor might need to keep the business running until it’s sold or transferred (potentially hiring someone to manage it). Or there may be assets to sell – executors must ensure sales are at fair market value (get appraisals; if an executor sells an asset dirt cheap to a mate, beneficiaries could sue for the loss
nsw.gov.au). If the will creates a trust (say, for minor children), the executor might also become the trustee of that trust, managing assets for years – a role beyond initial estate administration.

During this phase, communication with beneficiaries is key. Beneficiaries might be anxious to receive their inheritance, but an executor should gently manage expectations and explain that debts and legal clearances (like probate and potential claim periods) need to be dealt with first. It’s often wise to wait at least 6 months after the death (as mentioned earlier) before distributing anything, because in NSW a family provision claim (contesting the estate for a bigger share) can be filed up to 12 months after death
nsw.gov.au. Distributing too early could expose the executor to personal liability if a claim arises or a debt was overlooked. In practice, many executors aim to finalise an estate within about a year (often called the “executor’s year”), which is considered reasonable for most estates.

One more duty to highlight: legal claims involving the estate. If someone owes the deceased money, the executor may need to pursue that debt on behalf of the estate. Conversely, if someone sues the estate or contests the will, the executor is responsible for defending the estate (using estate funds)
nsw.gov.au. This can include hiring lawyers and potentially going to mediation or court. These scenarios can be stressful – another reason why executors often seek legal assistance for contentious matters.

Distributing the estate safely

Once all assets are gathered, all bills and taxes paid, and the required waiting period has passed, the executor can move to the final stage: distributing the estate to the beneficiaries as directed by the will. This step sounds straightforward – give everyone what the will says they should get – but there are a few important things to get right:

• Ensure all claims are resolved and notices given: Before distribution, the executor should be confident that no potential challenges are looming. In NSW, it’s common (though not strictly required) for an executor to publish a Notice of Intended Distribution on the Online Registry once ready to distribute. After publishing that notice, you wait at least 30 days
  nsw.gov.au. This public notice protects the executor: if someone comes out of the woodwork after that period saying “hey, I was owed money” or “I wanted to contest the will,” and they didn’t respond to the notice in time, the executor’s liability is reduced for having distributed (as long as the executor had no notice of that claim). It’s an extra safety step.
• Calculating each beneficiary’s share: The will might specify fixed amounts (“$10,000 to X”), specific gifts (“my diamond ring to Y”), or percentages of the residue (“50% to A, 50% to B of everything left”). The executor needs to carry this out exactly. If there were any specific gifts, those items should be handed over to those beneficiaries (with the beneficiary signing a receipt). For cash gifts, you ensure the estate has enough cash to pay them – if not, you might have to sell an asset to raise cash. After all specific gifts and expenses, whatever remains is the residue, which gets divided by the percentages in the will.
• Transferring or selling assets: Some beneficiaries might receive assets “in specie” (meaning the asset itself, not its cash equivalent). For example, the will might give a car or a house directly to someone. In such cases, the executor arranges to transfer title of those assets to the beneficiary (after ensuring any debt on them is paid off). Other assets will be sold by the executor and converted to cash for distribution. For real estate, an executor needs to have probate then can either assent the property to a beneficiary or sell it. If selling, choose a sale method that gets a fair price (often via a real estate agent). Keep beneficiaries in the loop – for instance, if selling the family home that beneficiaries have an attachment to, communicate your plans.
• Final payments to beneficiaries: When ready to distribute, the executor will write up a final account or summary of the estate (assets collected, expenses paid, the net amount for distribution) and then arrange payment to each beneficiary as per the will or intestacy. It’s good practice to have beneficiaries sign a release or acknowledgment upon receiving their inheritance, confirming they have received what they’re entitled to. This isn’t legally mandated, but it documents that the executor fulfilled their duty.
• Withholding a reserve: Executors sometimes hold back a small reserve fund when distributing, just in case an unexpected cost pops up (for example, a final utility bill or a tax clearance issue). This might be a few thousand dollars depending on estate size. Once absolutely everything is settled, the reserve can be distributed (or used to pay any trailing expenses).
• Timeline: As mentioned, the 6-month rule in NSW is important – executors should not feel pressured to distribute before six months have passed since death
  nsw.gov.au. In fact, many will wait until at least that point even if everything else is done, because once beneficiaries have the assets, it’s very hard to recover them if a court later orders a change (like in a successful will contest). Also, an executor who distributes too early might be personally on the hook if, say, a valid claim surfaces. That said, partial distributions can be made if the executor is confident – for instance, sometimes a portion can be given out and another portion held back pending the claim period. Always ensure all debts and taxes are paid first before giving anything to beneficiaries
  lawsociety.com.au.

After distribution, the executor’s active duties are basically complete. If the will established any ongoing trusts (for minors, etc.), the executor’s role might transition into a trustee role for those assets. Otherwise, the estate can be considered “closed.” It’s wise for the executor to keep the estate records for a good period (at least 7 years, similar to tax record requirements), in case any questions arise later from beneficiaries or authorities.

Finally, executors in NSW can formally “pass accounts” through the Supreme Court if they want a court’s approval of their administration (this is not common for straightforward estates, but it’s an option, especially if there’s conflict and the executor wants to be sure their accounting is approved). Usually, though, once everyone has their inheritance and is satisfied, the role of executor winds down with a bit of paperwork and the closure of the estate bank account.

(Remember: don’t rush, and when in doubt, consult a professional. It’s better to delay a distribution a few weeks than to distribute too soon and regret it.)

Executor’s checklist: To summarise the full journey, here’s a step-by-step checklist of an executor’s tasks, why they matter, and common pitfalls to avoid:

This checklist covers the usual progression. Each estate can have unique tasks (like dealing with a family business, handling digital assets, etc.), but the core duties remain the same: identify assets, protect them, get authority (probate if needed), pay debts, and deliver what’s left to the right people.

Executor vs administrator vs beneficiary

These three roles can be confusing, especially when one person can actually be all three in different contexts. Let’s clarify:

Executor: Appointed by the will to carry out the instructions. There can be multiple executors (co-executors) working together, or substitutes who step in if the first-choice executor can’t act
supremecourt.nsw.gov.au
supremecourt.nsw.gov.au. The executor’s authority comes from the will and is confirmed by the court via probate. An executor’s duties we’ve covered in depth – they are the “manager” of the estate.

Administrator: If there is no valid will, or no executor is willing/able to act, an administrator is appointed by the court
nsw.gov.au. The administrator has essentially the same job as an executor (gather assets, pay debts, distribute estate), but because there’s no will, they distribute according to the Succession Act 2006 (NSW) intestacy rules – which generally prioritize spouses and children, then other relatives. To get this role, the person (often next of kin) applies for Letters of Administration rather than probate. One key difference: an administrator may need to buy a surety bond (administration bond) in some cases as insurance, whereas an executor named in a will usually doesn’t require a bond.

Beneficiary: A person (or organisation) that receives an inheritance under the will (or under intestacy law). Beneficiaries have no official duties – they are on the receiving end. They are not automatically in charge of anything (though of course an executor can also be a beneficiary, like when a spouse is executor and also inherits the whole estate – in which case they’re effectively managing an estate for themselves, but they still must do the formal process). Beneficiaries have rights to be informed and to receive their share, but they can’t start acting like an executor (for example, a beneficiary cannot on their own go to the bank and try to claim money – the bank will only deal with the executor or administrator).

Sometimes there’s overlap: it’s common for the main beneficiary (like a spouse) to also be the executor. In that case, one person is wearing two hats – as executor, they must still go through the proper steps (they can’t skip straight to “it’s all mine” without probate if required), but as the sole beneficiary they have a lot of flexibility once debts are paid (since they’re ultimately entitled to all remaining assets). Even so, it’s recommended they keep records, especially if there are any other secondary beneficiaries or if there’s a chance of a claim.

If multiple executors are named in the will, they need to act jointly (unless the will allows them to act separately). This means executors must agree on decisions and all sign off on key documents. If executors disagree to the point of impasse, it can paralyse estate administration – such disputes sometimes end up in court for resolution or one executor stepping aside. For administrators, the court can appoint more than one person as well (say, two siblings to administer an intestate parent’s estate) – similar rules of cooperation apply.

In summary: Executors/Administrators are the active managers of the estate, while Beneficiaries are the recipients. The law separates these roles to protect the estate and ensure proper oversight. If you’re ever unsure in which capacity you’re acting, just remember: if you’re handling money or decisions for the estate, that’s executor/administrator territory, and you have fiduciary duties; if you’re simply awaiting or receiving an inheritance, that’s as a beneficiary.

Challenges, claims and when to get help

Acting as an executor isn’t always a smooth road. Sometimes there are bumps – legal disputes, unexpected problems, or complexities that go beyond basic administration. Here are some common challenges and how to handle them (often, the answer is get professional help sooner rather than later):

• Family provision claims (contesting the will): In NSW, certain people (spouse, children, dependants) can file a claim if they believe the will didn’t make adequate provision for them
  nsw.gov.au. This is a lawsuit against the estate. If you, as executor, face a family provision claim, you essentially freeze distribution and enter litigation mode. It often goes to mediation; many claims settle by giving the claimant a portion of the estate. As executor, you must remain neutral and act in the estate’s interest – you’re defending the will, but sometimes settling is in the estate’s interest to save legal costs. Legal advice is crucial in this scenario – do not try to handle a contested estate without a solicitor, because it’s a complex area of law.
• Will validity disputes: Perhaps a disgruntled relative alleges the deceased lacked capacity when making the will, or was unduly influenced by someone. If a will is contested on validity, the executor might find themselves in a court case to prove the will or dealing with competing wills. Again, a lawyer’s guidance is needed. The court may ultimately decide which will (if any) is valid and who the executor is. As named executor, you have the right to be involved in defending the will.
• Missing or unknown assets: Sometimes executors discover assets late in the process (like a bank account no one knew about, or shares the deceased bought and forgot to tell anyone). It’s your job to be a bit of a detective early on – look through papers, email accounts, safe deposit boxes, etc. If you only find an asset after probate and distributions, you might need to do an informal amendment or even a court application (called a “second grant”) for the newly discovered asset. To avoid this, try to be thorough up front. LifeVault (mentioned below) is actually designed to prevent this issue by keeping a log of assets that your executor can access.
• Insolvent estate (debts > assets): If the estate’s liabilities exceed its assets, the executor should not pay out beneficiaries at all (there won’t be anything for them) and should handle the estate similar to a bankruptcy. Generally, you’d notify creditors and perhaps have a solicitor help you prioritize payments according to law. In some cases, it might be appropriate to let the estate be administered by a specialist (like the NSW Trustee & Guardian or a trustee company) because dealing with an insolvent estate can be legally tricky. Executors should be cautious here – do not pay some creditors and ignore others; there’s a prescribed order and each creditor’s rights must be respected.
• Complex assets or legal issues: Maybe the deceased owned property overseas, or was involved in a pending lawsuit (either as plaintiff or defendant), or had a family trust or company. The executor might have to liaise with foreign lawyers for the overseas property (possibly obtaining a reseal of probate in the other country), continue or settle the lawsuit (with court and lawyers involved), or work with trust/company directors to separate the deceased’s interest. These situations call for specialist advice – an estates lawyer can coordinate with other professionals as needed. The key point is, as executor, don’t go it alone if you’re out of your depth. The estate’s funds can usually cover reasonable costs of professional advice that is needed to administer the estate.
• Executor disputes & renunciation: If you are one of multiple executors and you disagree sharply with the others, try to resolve it amicably. If that fails, one of you might choose to step aside (renounce) to let the others act, or, in extreme cases, you might apply to the court to have an executor removed (only for serious misconduct or incapacity). On the flip side, if you feel you just can’t handle the executor job at all (too complex, too stressful, or conflict of interest), you can renounce before you’ve started. Just ensure no actions are taken that indicate acceptance of the role (like don’t start selling assets and then change your mind). Once you’ve intermeddled significantly or once a grant is obtained in your name, it’s harder to step down
  supremecourt.nsw.gov.au.
• Personal liability traps: Executors can face personal liability if they mess up: distributing too early and a debt or claim appears (as discussed), not paying tax and the ATO comes knocking, or failing to ensure assets (like a house) and it suffers damage, etc. The law in NSW does offer some protections – for instance, waiting 6 months and publishing notices can shield you. But know that beneficiaries (or creditors) can sue an executor who breaches their duties. This is all the more reason to act diligently, follow the will and law, and use expert help when needed. Fortunately, if you’ve performed your role in good faith and with care, such issues are rare.
• When to seek legal advice: The NSW Government’s guidance for executors makes it clear that you should get professional help in tricky situations
  nsw.gov.au. Specifically, consult a solicitor if: there’s a potential will contest or family claim, the estate might be insolvent, the will is complex or unclear, there are many beneficiaries or assets in multiple jurisdictions, or if at any point you’re unsure of your obligations. The cost of a solicitor for obtaining probate is regulated in NSW (scaled by estate value)
  nsw.gov.au, and those costs (and any reasonable legal costs for advice during administration) are paid from the estate, not from the executor’s own pocket.

Additionally, resources like the NSW Trustee & Guardian can step in. In fact, if an executor doesn’t want to act, they can transfer responsibility to NSW Trustee & Guardian to administer the estate for a fee
nsw.gov.au
nsw.gov.au. There are also support services for executors – for example, LawAccess NSW offers free information, and some community legal centres can assist with guidance. We maintain a lawyer directory of estate lawyers in NSW as well, which can be a starting point if you need to find a professional to consult.

The bottom line: executorship can be complex, and there’s no shame in getting help. Doing so can save the estate money in the long run by preventing mistakes. It can also save you, as executor, a lot of stress and ensure that you fulfill your loved one’s wishes in the best way possible.

How LifeVault helps

Settling an estate means digging up a lot of information – from bank account details to insurance policies. LifeVault is designed to make this easier both for the will-maker and their executor. Here are some ways LifeVault can help streamline the executor’s job (and generally make estate planning more organised):

• Roadmap of assets and contacts: LifeVault lets individuals securely log all their key assets (bank accounts, properties, superannuation accounts, life insurance policies, etc.) along with important contact info (like which bank or fund, account numbers, and contact persons). As an executor, having access to the deceased’s LifeVault means you get a ready-made roadmap of what they owned and who you need to contact – instead of scavenger hunting through drawers and files for clues. You’ll know “John had an ANZ savings account, a CommBank credit card, a super fund with AustralianSuper, policy #XYZ with ABC Insurance,” etc., all in one place.
• Secure storage of crucial documents: In LifeVault, users can upload digital copies of important documents – for example, the will itself, insurance policy documents, property titles, even the death certificate once available. This is invaluable for an executor. Instead of chasing paper, you can retrieve a copy of the will or a insurance policy instantly. LifeVault’s encryption and SensitiveGate feature keep these files ultra-secure: certain sensitive files or notes are locked behind additional biometric/PIN security and even have screenshot protection
  thelifevaultapp.com. This means things like password lists or PIN codes can be stored for the executor but remain inaccessible to anyone else (until proper access is granted).
• Personal vs business vaults: LifeVault uses a per-vault structure
  thelifevaultapp.com. For instance, someone might have a Personal vault for their personal assets and maybe a Business vault if they own a business. This separation is great for executors – you’ll only see the vaults relevant to the role you’re taking on. All the personal data stays in the personal vault, and if you’re handling business succession, that might be in a separate vault. It keeps things organised and compartmentalised, so you don’t mix up contexts. The platform ensures the wrong person never sees data from the wrong vault
  thelifevaultapp.com.
• Executor “Step-up” access (Executor Confirm): LifeVault has an Executor Invite system
  thelifevaultapp.com. While someone is alive, they can designate their executor (or a backup) in LifeVault and issue them an access code. However, the executor can’t see the vault’s contents fully until a confirmation process occurs (for example, the vault owner’s death can be confirmed via a death certificate upload or a trusted contact’s confirmation). This is what we call Executor Confirm (Step-up) – the executor’s access “steps up” to full access at the right time, through a controlled process. It ensures that you, as executor, get the information exactly when you need it – not too early (privacy is maintained when the person is alive), and not too late. The app logs every action, so there’s a clear audit trail of what was accessed and when
  thelifevaultapp.com.
• Sensitive data remains protected: Executors often need things like device passcodes, PINs, or passwords to online accounts to manage or close them. Sharing those is risky if done informally. LifeVault’s SensitiveGate and zero-knowledge design means these can be stored safely and only revealed under the right conditions
  thelifevaultapp.com. For example, the vault owner might have left a note with their computer login or crypto wallet key, but kept it behind SensitiveGate. As an executor with proper final access, you can retrieve it, but until then it was locked away. This prevents sensitive info from leaking or being abused prematurely.
• Communication and guidance: LifeVault isn’t just a static vault; it also allows for capsules (timed messages) and notes. The person can leave an “executor capsule” – a message that perhaps only opens upon their death – giving you personal guidance or context (e.g. “I’ve stored some cash in a safe, here’s the combination, please use it to pay for the funeral.” or “Contact my friend Jane; she knows about the vintage car in the garage.”). These kinds of instructions can be tremendously helpful and are more likely to be left in a LifeVault than in a formal will. They provide the why and how around the assets, not just the who-gets-what. As executor, this reduces guesswork
  thelifevaultapp.com and can alert you to non-obvious assets or wishes.
• Privacy and peace of mind: Because LifeVault keeps data encrypted and requires biometric/PIN to unlock on a device
  thelifevaultapp.com, the will-maker can record even highly sensitive info (account passwords, safe codes, personal letters) without worrying that it’ll fall into the wrong hands. For executors, this means when the time comes, you have a treasure trove of information to efficiently wrap up the estate, but that treasure was securely guarded up until that point. No more frantic searches through closets or hoping you found all the accounts – it’s all there, unlocked for you when you need it.

In short, LifeVault acts as a central hub for estate planning. It complements the will by covering all the extra bits of information that a will doesn’t contain but an executor needs. By keeping assets, contacts, documents and instructions in LifeVault, a person can significantly lighten the burden on their executor. And for executors reading this: encouraging your loved ones (or clients, if you’re a professional) to use a tool like LifeVault means that when the day comes, you’ll spend less time on scavenger hunts and more time executing the plan smoothly.

How to get LifeVault: You can learn more on our homepage and even download the app for iOS or Android. We also regularly publish guides (like this one) on our blog to help with estate planning and executor duties in plain English. And if you need legal assistance beyond what a tool can provide, check out our Lawyer Directory for qualified estate lawyers in NSW who can advise you.