Six weeks after the funeral, I sat in a solicitor's office in Crows Nest with a manila folder my father had left for exactly this moment. Will inside, super statements clipped together, bank account list, the title for the house, the registration for the boat. He'd been the operations manager of his own life, and he'd handed me the manual.
Most parents don't leave that folder.
The executor role, plainly
If you're named executor in the will, you have a legal obligation. You're the person the law holds accountable for collecting the estate, paying debts, doing the tax return, and distributing what's left.
What that means in practice:
- You can step down (renounce probate) if you don't want to do it.
- You can be the executor and still hire a solicitor to do most of the work.
- You're personally liable if you stuff it up.
- You're entitled to be paid for your time if the will says so.
Probate
Probate is the Supreme Court's official confirmation that the will is valid.
Whether you need it depends on what's in the estate. NSW, VIC, QLD: required if there's real estate solely owned, or any single asset above the bank's threshold ($15,000-$50,000+).
If everything was jointly owned with the surviving spouse, you can often skip probate.
Cost: $1,500-$4,000 in straightforward cases, plus court filing fees ($500-$1,500). Timeline: 4-12 weeks.
The will, and what to do if there isn't one
Find the will first. Common places:
- The solicitor who drew it up.
- The Public Trustee.
- A safety deposit box.
If there's no will (intestate), the law decides distribution by formula. The surviving spouse gets the bulk; if no spouse, children share equally.
The actual work, in order
Weeks 1-4: gather. Death certificate (get 6-10 copies), the will, last 12 months of bank statements, super fund letters, insurance policies, title for the house.
Weeks 4-12: notify and freeze. Bank, super fund, Centrelink, Medicare, ATO, energy and phone providers, council.
Weeks 8-16: probate (if needed).
Months 4-6: pay debts, do the final tax return.
Months 6-12: distribute.
Contested estates run 2-5 years.
Bank accounts, super, real estate
Bank accounts. Joint accounts pass to the survivor automatically. Solo accounts are frozen on notification.
Super. Super doesn't form part of the estate unless directed there. If your parent had a binding death benefit nomination, the super goes directly to the named beneficiary.
Real estate. If owned as joint tenants, the surviving spouse takes the whole property automatically.
What it actually costs
For a moderate estate (house, super, a couple of bank accounts, no contest):
- Solicitor fees: $3,000-$8,000.
- Court filing fees: $500-$1,500.
- Accountant for the final tax return: $800-$2,500.
Budget $8,000-$15,000 all-in. The estate pays, not you.
Three traps
Distributing too early. Don't. Not until tax is clear and the grant is in hand.
Selling the house too fast. Sit on it for at least six months unless the mortgage is bleeding the estate.
Doing it without a solicitor to save money. Get the solicitor for anything beyond the simplest estate.
The estate is admin grief. The grief is its own thing. Don't conflate them.
Take longer than you think. Spend on the solicitor. Keep the receipts.
Further watching
- 01Probate is needed when there's real estate solely in your parent's name, or single assets above the bank's threshold (often $50k).
- 02Hire a solicitor for anything beyond the simplest estate. Budget $3k-$15k. The estate pays, not you.
- 03Don't distribute before the final tax return is cleared. You can be personally liable.
- 04Super doesn't pass through the will if there's a binding nomination. It goes direct to the named beneficiary.
- 05Timeline is 3-12 months for a clean estate. Years if it's contested. Don't sell the house in month two.
What is probate, in plain terms?