The Role of Executor or Administrator

When someone passes away, their estate must be managed and distributed according to either the instructions in their will or, if there is no will, the rules of intestacy. This responsibility falls to the executor (if there is a valid will) or the administrator (if the deceased did not leave a will). 

While the roles of executor and administrator share many similarities, they differ in how the estate is handled: 

• An executor follows the directions set out in the will, ensuring the deceased’s wishes are carried out. 

• An administrator is appointed when there is no valid will and is responsible for distributing the estate according to the Succession Act 1981 (Qld). 

In both roles, the appointed person is responsible for managing assets, finalising accounts, paying any debts and taxes, and ensuring the estate is distributed correctly. 

General Responsibilities of an Executor or Administrator 

Estate administration can be broken into two key categories: general administration and legal responsibilities. 

 
General Administration Tasks 

These include handling practical matters such as: 

• Notifying government agencies (e.g. Centrelink, ATO, Transport and Main Roads) 

• Redirecting mail 

• Cancelling services or memberships 

• Communicating with superannuation funds, banks, insurers, and other institutions 

• Coordinating funeral arrangements and paying funeral invoices 

These administrative tasks can be time-consuming, particularly when the executor is grieving. This is where professional estate administration services, such as those offered by Sage Executor Solutions, can offer significant support.  

Legal Responsibilities and How a Lawyer Can Assist 

The legal side of estate administration is where the expertise of a solicitor becomes essential. 

 
Applying for Probate or Letters of Administration 

A key responsibility is determining whether a grant of probate or letters of administration is required. This depends on the structure and value of the estate. At Vicca Law, we guide executors and administrators through this process, preparing all necessary documents and lodging the application with the Supreme Court. 

 
Property Transfers 

If a property was jointly owned, a record of death must be lodged to remove the deceased’s name from the title. Where the property is solely owned by the deceased and gifted under a will, we manage the transfer process on behalf of the estate. 

 
Taxation and Specialist Advice 

For complex estates—especially those involving overseas assets or foreign beneficiaries—professional taxation advice is essential. We coordinate with tax lawyers and accountants to ensure the estate is administered in a compliant and tax-effective way. 

 
Deeds of Family Arrangement 

In situations where beneficiaries agree to vary the distribution set out in the will (for example, if one beneficiary purchases a property share from others), a deed of family arrangement is required to formalise and protect the arrangement. We prepare these documents to ensure all parties are legally protected. 

 
Defending Estate Disputes 

Executors or administrators may be required to defend a challenge to the will or a family provision claim. This can be a lengthy, stressful and emotionally charged process, particularly if the executor is also a beneficiary. In these situations, seeking legal advice early is crucial. 

Choosing the Right Executor 

When preparing an estate plan, it’s important to choose an executor who is trustworthy, organised, and capable of seeking professional support when needed. While it’s common to name family members or close friends, professionals such as solicitors or accountants are often chosen because they understand where to seek help and how to navigate the process efficiently. 

An executor doesn’t need to be a legal expert—they simply need to know who to contact and when. If you’ve had your will prepared by a solicitor, that person is often best placed to assist the executor later, as they’ll already have an understanding of the estate and any specific instructions recorded during the estate planning process. 

Need Support with Estate Administration? 

At Vicca Law, we support executors and administrators through every stage of the estate administration process. From probate applications to property transfers, legal disputes and everything in between, we provide compassionate, professional legal advice tailored to your unique situation. Book a free consultation at www.viccalaw.com.au or email Lydia directly at lidia@viccalaw.com.au