For executors and families
Helping with someone's estate?
If someone close to you has died, we're sorry. This guide explains what an executor does, in plain English, and where to find help if you need it. Take it one step at a time. Very little has to happen in the first few days.
The first few weeks
- 1
Register the death and get death certificates
The funeral director usually registers the death for you. Order several certified death certificates: banks, super funds and the probate registry will each want one.
- 2
Find the Will
Look through their papers at home, and ask their solicitor, accountant or bank. If they used our Check & Store service, we can give you a copy (see below). The signed original is what you'll usually need for probate.
- 3
Arrange the funeral
Check the Will for any funeral wishes. Banks will often pay a funeral invoice directly from the person's account, even before probate.
- 4
Secure their property
Lock up the home, keep the car and valuables safe, redirect mail, and tell the home and contents insurer that the house is empty.
- 5
Tell the people who need to know
Banks, super funds, insurers, Services Australia (Centrelink), their employer, landlords and utilities. Ask each one what they need from you.
- 6
Don't pay out or hand over anything yet
Don't give gifts to beneficiaries or sell assets until you know what you're dealing with. An executor who distributes too early can be personally responsible if debts or claims come up later.
Did they store their Will with us?
If the person used our Check & Store service, we hold a secure digital copy of their checked Will. We release it to the executor once we've seen the death certificate and confirmed who you are.
A digital copy is a useful record, but the probate registry will usually need the signed paper original. Our copy can help you confirm what the Will says while you look for it.
Do I need probate?
Probate is the Supreme Court confirming that the Will is valid and that you're the executor. It isn't always needed. It depends on what the person owned, and on what the organisations holding it ask for.
- Usually needed if they owned real estate in their own name, or held large amounts in bank accounts or shares in their own name.
- Often not needed for things owned jointly (these usually pass straight to the surviving owner) or for small bank balances. Each bank sets its own limit.
- Super and life insurance are usually paid by the fund or insurer according to their own rules and nominations, not under the Will. Contact each one.
Probate is granted by the Supreme Court of the state or territory where the person lived. If they owned land in another state, the grant usually has to be “resealed” there too.
What an executor does
- Find out what the person owned and owed, and keep it safe
- Apply for probate, if it's needed
- Pay the funeral, debts and any tax, including a final tax return
- Wait until the time limit for contesting the Will has passed (see your state below)
- Share out what's left exactly as the Will says
- Keep clear records of everything you receive and pay
You can be personally responsible. If you share out the estate before debts are paid, or before the time limit for contesting the Will has passed, you may have to make up any shortfall yourself. If you're unsure, wait, and get advice. You can also decline to act as executor, as long as you haven't started dealing with the estate.
Executors can usually be reimbursed from the estate for their out-of-pocket costs. Being paid for your time (“executor's commission”) generally needs the Will, the beneficiaries or the court to allow it.
Probate in each state
The rules are similar everywhere, but the fees and time limits differ. The time limit is how long family members have to contest the Will. Don't share out the estate before it has passed.
New South WalesContest time limit: 12 months from death
- Court:
- Supreme Court of NSW (Probate Registry)
- How to apply:
- Online through the NSW Online Registry, or on paper.
- Notice first:
- A notice of your intended application must be published on the NSW Online Registry at least 14 days before you file.
- Court fee:
- No fee for estates under $100,000. Above that, the fee rises with the size of the estate, up to $7,399 for estates of $5 million or more.
- Time limit to contest the Will:
- 12 months from the date of death.
VictoriaContest time limit: 6 months from grant
- Court:
- Supreme Court of Victoria (Probate Office)
- How to apply:
- Online through RedCrest-Probate.
- Notice first:
- You must first advertise your intention to apply on RedCrest-Probate, then wait the required period before filing.
- Court fee:
- No fee for estates under $250,000. Above that, the fee rises with the size of the estate, up to $17,770.80 for estates of $7 million or more.
- Time limit to contest the Will:
- 6 months from the grant of probate.
QueenslandContest time limit: 9 months from death
- Court:
- Supreme Court of Queensland
- Notice first:
- A notice of intention to apply must be published before you file. The registry can tell you the current requirements.
- Court fee:
- A flat fee of $847.60.
- Time limit to contest the Will:
- Notice of a claim must be given to the executor within 6 months of death, and the claim filed in court within 9 months of death.
Western AustraliaContest time limit: 6 months from grant
- Court:
- Supreme Court of Western Australia (Probate Registry)
- How to apply:
- Online through Probate Online Forms, or by post. You can apply from 14 days after the death.
- Court fee:
- A flat fee of $418.
- Time limit to contest the Will:
- 6 months from the grant of probate.
South AustraliaContest time limit: 6 months from grant
- Court:
- Supreme Court of South Australia (Probate Registry)
- Court fee:
- From $1,020 (estates up to $200,000) to $4,075 (estates over $1 million).
- Time limit to contest the Will:
- 6 months from the grant of probate.
TasmaniaContest time limit: 3 months from grant
- Court:
- Supreme Court of Tasmania
- Court fee:
- From $548.80 to $2,338.28, depending on the size of the estate.
- Time limit to contest the Will:
- 3 months from the grant of probate. This is the shortest time limit in Australia.
Australian Capital TerritoryContest time limit: 6 months from grant
- Court:
- Supreme Court of the ACT
- Court fee:
- No fee for estates under $50,000. Above that, from $1,164 to $2,961 depending on the size of the estate.
- Time limit to contest the Will:
- 6 months from the grant of probate.
Northern TerritoryContest time limit: 12 months from grant
- Court:
- Supreme Court of the Northern Territory
- Court fee:
- A flat fee of about $1,585, including the search fee.
- Time limit to contest the Will:
- 12 months from the grant of probate.
Court fees are for 2026-27 and are based on the gross value of the estate. They're usually updated every 1 July, and solicitors' fees are extra. Check the current requirements with the court registry before you apply. Checked October 2026.
Can I do it myself?
Often, yes. Many executors of simple estates apply for probate themselves, and each Supreme Court registry has guides and forms for doing it. It takes time and care, but you don't have to use a lawyer.
It's worth getting a solicitor if:
- They owned real estate, especially in more than one state, or overseas
- Someone has been left out, or the family disagrees about the Will
- There's no Will, or the Will is unclear or not signed properly
- They had a business, family trust or self-managed super fund
- The debts may be bigger than the assets
- A beneficiary is a child, or has a disability
Find a solicitor for probate
Launching soonWe're building our panel of solicitors now. Tell us a little about the estate, and we'll introduce you to an independent solicitor on our panel in the right state as soon as one is available. They'll give you a written fixed-fee quote for the probate application, or an estimate for handling the whole estate, before any work starts.
How it works, and how we're paid
- Independent solicitors. Your solicitor works for you, not for us. CreateAWill is not a law firm and doesn't give legal advice.
- How we choose them. Every panel solicitor holds a current practising certificate, carries professional indemnity insurance and has experience in deceased estates in their state.
- A quote before anything starts. You decide whether to go ahead. There's no obligation, and no cost for the introduction.
- How we're paid. Solicitors on our panel pay CreateAWill a fee. We never charge the estate, and we never act as executor.
- Your choice. You're free to use any lawyer you like, or to do it yourself.
Many people make or update their own Will after going through this. Ours is free.
General information for executors in Australia, checked October 2026. It isn't legal advice, and every estate is different. CreateAWill is not a law firm.