17/08/2026
You've just found out you're the executor. Here's where to start.
If that's you right now, we're sorry. Losing someone close is hard enough without a legal role landing on your shoulders at the same time. The good news: being an executor is manageable when you take it one step at a time, and you don't have to do it alone.
Start with the practical things, not the legal ones. In the first week, the priorities are arranging the funeral, finding the original will (it names you as executor and gives you the authority to act) and securing the home and belongings: locking up, keeping the insurance running, looking after any pets. One tip that saves people weeks later: order several certified copies of the death certificate. The funeral director usually arranges this, and every bank and super fund will want their own copy.
The frozen account panic is usually nothing to worry about. Accounts in the deceased's sole name are frozen until the estate is sorted, but most banks will pay the funeral invoice directly from that account once you show them the bill and the death certificate. Anything held jointly, say with a spouse, generally isn't frozen at all.
Probate isn't always needed. It depends on what was owned, not just on whether there's a will. A house in the deceased's sole name or larger bank balances usually need a grant of probate from the Supreme Court. Smaller or jointly held assets often don't. Worth a quick chat early so you're not chasing paperwork you never needed.
Don't rush to hand out the money. It feels kind to distribute quickly, but Queensland gives eligible people a set window from the date of death to make a family provision claim against the estate, and an executor who pays out too early can end up personally liable. Get advice before distributing, especially if anyone hints at a claim.
Your job as executor is to gather in the assets, pay the debts and any tax, then pass on what's left to the right people, keeping good records as you go. There's time to do it properly.
If you're holding a will with no idea where to start, that's the most normal thing in the world. It's our most common call. We're always happy to talk it through and tell you what actually needs doing.
(07) 3281 2677
fmlaw.com.au
General information only, not legal advice.
