Step 5
Determine the Executor or Administrator of the Deceased Estate
- Last Updated: January 2021
This step explains everything you need to know about the roles of Executors and Administrators. You will determine who will take on one of these roles depending if there is a Will in place and who is best placed to take on the duties and responsibilities.
Overview
Now that you have determined if a valid Will is in place and you have located it if one exists you should –where a Will exists:
- determine who the Executor(s) named are;
- determine if the Executor(s) want(s) to or can take on the duties; and
- if multiple co-Executors decide to act jointly or authorise one Executor to act on their behalf.
- determine who the Senior Available Next of Kin is; and
- determine if the Senior Available Next of Kin has the capacity and wants to take on the duties of Administrator.
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5.1 What is the Difference Between an Executor and Administrator
An Executor is the person nominated in the deceased person’s Will. The Executor was likely nominated as a trusted person who knows the deceased person well. Hence being able to administer the deceased estate in the best interest of the deceased person to fulfil their final wishes. Where a Will exists, in most cases one or more Executors are nominated but there may be a Will that doesn’t nominate anyone. In this case the person taking on the role and duties would also be referred to as Administrator explained below.
An Administrator is mostly a senior available Next of Kin of the deceased person who agrees to take on the role and duties to administer the deceased estate according to the legislation where no Will is in place.
5.2 Duties of an Executor and Administrator
- find the Will if one was left;
- arrange the transportation of the body and the funeral;
- obtain the death certificate from the State/Territory’s Registry of Births, Deaths and Marriages;
- determine the Beneficiaries and ascertain the deceased person’s assets and liabilities (see Steps 13 – 25);
- assess the estate value based on the deceased person’s assets and liabilities;
- apply for Grant of Probate or Letters of Administration if required;
- pay the deceased person’s debts, income tax, duties and funeral expenses;
- distribute the assets according to the terms of the Will or the relevant laws; and
- act in accordance with fiduciary duties.
As an Executor, Administrator or Next of Kin you represent the deceased estate, entrusted by the deceased person where you were nominated under the Will, to hold in trust their money and other assets before they are distributed to Beneficiaries. By taking on this role you will uphold the following duties always:
- act in good faith;
- act in the best interest of the deceased estate; and
- not make decisions or take actions that will benefit you directly or indirectly (also known as conflict of interest).
In summary, the main objectives of an Executor or Administrator are to establish the value of the estate, administer it and distribute the estate to its Beneficiaries. This Process Guide will assist you to work through each commonly known step.
5.3 Decide if You Wish to Take on the Executor or Administrator Role
If you are the person or one of the persons named Executor in the Will or you are the most senior available Next of Kin who will most likely be administering the deceased estate, you should first decide whether or not you want to take on the duties outlined above.
Some of the duties may seem daunting at first, but simplyEstate provides clear guidance to help you navigate through the estate administration. simplyEstate has also partnered with numerous trusted service providers across Australia for each step when things get a bit tricky or you want to take advantage of some support along the way.
Important considerations when deciding to accept to act as the named Executor or as Administrator are that:- the deceased has likely nominated you based on their trust and belief in your ability to administer the estate as per their wishes if a Will is in place;
- deceased estate administration on average takes between six and 12 months depending on the complexity and size of the estate; and
- a good relationship with the immediate family and Beneficiaries is in place or can be established to ensure the estate can be administered and distributed as intended.
If you decide to do take on the duties and act on behalf of the deceased, congratulations! You can always count on simplyEstate to help. You can contact us via email or book a first free phone appointment if you are ever in doubt or don’t know where to start.
The decision to take on the duties as Executor or Administrator should be made as soon as possible and before taking on any duties of the estate administration. The reason for this is to protect the estate and its Beneficiaries as well as creditors. If you intend not to take on the duties it is recommended not to start with the administration process if reasonable and your specific circumstances allow, as it may be interpreted as having assumed the Executor or Administrator role and you may be unable to resign (also referred to as renounce).
However, you may still be able to renounce your role as Executor or Administrator after making arrangements for the body transport and funeral to not delay this important activity if your specific circumstances require this.
5.4 Who Administers an Estate without a Will (Intestate)
When no Will can be found and the family is also unaware of a Will having been put in place, it is said that the person died intestate. The Next of Kin who will most likely be appointed the Administrator will administer the deceased estate following simplyEstate’s Process Guide.
Next of Kin is not defined by law in Australia. The deceased person’s Next of Kin will likely be considered in this order of priority:- the deceased person’s spouse;
- children over the age of 18;
- parents; and
- siblings over the age of 18.
5.5 Will with One Executor
Wills that only name a single Executor are simpler to administer as the person appointed can go through the administration process without needing joint authorisations. Sole Executors will also be able to best act in the interest of the deceased without getting entangled in disagreement between co-Executors.
5.6 Will with Multiple Executors
Wills that name multiple Executors can be more difficult to administer as the persons appointed need to act jointly unless Executors are differentiated in the Will as primary or secondary (also referred to as substitute or alternative) Executors.
If the Will expresses joint executorship or does not differentiate, the Executors can agree to act jointly or authorise one of the Executors to act on their behalf as if they were the sole Executor nominated in the Will.
If you agree to act jointly, you can move to Step 5.8 below.
If you want to authorise one of the Executors to act on everyone’s behalf, then you can follow the process outlined below for the relevant State/Territory:
Supreme Court of Western Australia
Phone: 08 9421 5333Contact Hours: Monday – Friday, 8:00am – 4:00pm AWST
Address/Post: Supreme Court of WA, Level 11, David Malcolm Justice Centre, 28 Barrack Street, Perth WA 6000
Process
If it was agreed that one Executor will take over the duties, then that Executor can formalise the arrangement with the Supreme Court of WA in Step 27 – Apply for Grant of Probate or Letters of Administration.
During the online application process for Grant of Probate, the applying Executor will provide information of each Executor nominated in the Will and then indicate if each Executor is applying to be Executor or not. The Executor can indicate whether the Executor who does not want to take on the duties is reserving leave, meaning they could apply at a later stage, or fully resigning (also called renouncing) which is further explained below in Step 5.7 below.
For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with experienced law firms who can assist with completing this task.
Relevant documentsThe Executors who will hand over their duties to another Executor will need to provide the following document to the Executor taking on the duties:
- Consent Form nominated Executor who does not want to take on the duty but reserves the right to apply at a later stage. Keep a copy of the document for your records.
The Supreme Court of WA, Frequently Asked Questions can be accessed here
Relevant LegislationADMINISTRATION ACT 1903 (WA) Section 7 (Austl.) (accessed 20/10/2018)
Refer to Step 5.7 – Resigning (renouncing) as Executor or Administrator below if you want to renounce your right as Executor.
Relevant WebsiteRead about ‘Executors not able to act’ here
Refer to Step 5.7 – Resigning (renouncing) as Executor or Administrator below if you want to renounce your right as Executor.
Refer to Step 5.7 – Resigning (renouncing) as Executor or Administrator below if you want to renounce your right as Executor.
5.7 Resign (Renounce) as Executor or Administrator
If you are nominated as an Executor in the Will and are unable or unwilling to act as Executor, you can officially renounce your appointment. In this situation, the secondary (also referred to as substitute or alternative) Executor(s) will be appointed if there were multiple Executors nominated in the Will.
If no secondary (also referred to as substitute or alternative) Executor is nominated in the Will, then:- a close relative;
- a close friend;
- a third-party Executor (e.g. Lawyer); or
- your State/Territory’s Public Trustee,
may be appointed.
If you are not nominated as the only Executor on the Will, you can complete the relevant documents and provide these to the Executor who will apply for Grant of Probate as outlined in Step 27 – Apply for Grant of Probate and Letters of Administration or you can submit and file your renouncing document directly with the relevant Supreme Court by State/Territory as explained below:
Supreme Court of Western Australia
Phone: 08 9421 5333Contact Hours: Monday – Friday, 8:00am – 4:00pm AWST
Address/Post: Supreme Court of WA, Level 11, David Malcolm Justice Centre, 28 Barrack Street, Perth WA 6000
Process – Online
The renunciation of executorship is formalised with the Supreme Court at the time when the Executor who agreed to take on the duties applies for a Grant of Probate (see Step 27 – Apply for Grant of Probate or Letters of Administration).
Where multiple Executors were nominated in the Will, all Executors’ details will be recorded on the online lodgement portal and the relevant options selected. The renunciation option will then trigger the necessary document that will need to be signed by the Executor who wished to renounce or resign.
Where only one Executor was nominated in the Will, the following two options are available when not wanting or not being able to take on the Executor duties:- Complete the below Consent Form together with an affidavit requesting reserved leave and lodge with the Supreme Court. This will mean that the Supreme Court was informed of the reserved leave and that someone else can administer the deceased estate. The original Executor could still take on the duties at a later stage by informing the Supreme Court.
- Complete the below Consent Form and forward to the person who will take on the deceased estate administration. The form will not result in renunciation but reserved leave from your duties, meaning you could take on the Executor role at a later stage. Make sure to keep a copy of the form for your records.
You must swear or affirm your Affidavit(s) in front of a:
- Justice of the Peace;
- a practicing lawyer with a current certificate; or
- an authorised witness at the Supreme Court Probate Office when lodging the application.
- each page of the Affidavit; and
- the final page of the Affidavit.
You should check with the Supreme Court for further information or seek legal advice to complete the affidavit. simplyEstate partners with experienced law firms who can assist with completing this task.
Relevant DocumentsYou will need to provide the following documents or as requested by the Supreme Court:
- Consent Form– nominated Executor who does not want to take on the duty but reserves the right to apply at a later stage.
- Affidavit to reserve leave
NON-CONTENTIOUS PROBATE RULES 1967 (WA)Rule 28 (Austl.) (accessed 20/10/2018)
Supreme Court of New South Wales
Phone: 1300 679 272Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Email: [email protected]
Address: Law Courts Building, Level 5, 184 Phillip Street, Sydney NSW 2000
Post: Supreme Court of NSW, GPO Box 3, Sydney NSW 2001
Process – Paper
The following documents and templates can be used for a paper-based submission.
For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with experienced law firms who can assist with completing this task.
You will need to provide the following documents or as requested by the Supreme Court:
- Form 123 – Renunciation of probate
Read how to complete a renunciation form here
Relevant LegislationPROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 69 (Austl.) (accessed 20/10/2018)
Supreme Court of Victoria
Phone: 03 8600 2000Opening Hours: Monday – Friday, 9:30am – 4:00pm AEST
Email: [email protected]
Address: Level 2, 436 Lonsdale Street, Melbourne Victoria 3000
Post: Probate Office, Supreme Court of Victoria, 210 William Street, Melbourne Victoria 3000
Process
The relevant documents must be completed and filed with the Probate Office of the Supreme Court in person.
For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with experienced law firms who can assist with completing this task.
You must swear or affirm your Affidavit(s) in front of a:
- Justice of the Peace;
- a practicing lawyer with a current certificate; or
- an authorised witness at the Supreme Court Probate Office when lodging the application.
- each page of the Affidavit; and
- the final page of the Affidavit.
You will need to provide the following documents or as requested by the Supreme Court:
- Renunciation of Probate
- Affidavit of Verification (Renunciation of Probate)
ADMINISTRATION AND PROBATE ACT 1958 (VIC) Section 15 (Austl.) (accessed 20/10/2018)
Supreme Court of Queensland
Phone: 07 3236 1855Opening Hours: Monday – Friday, 9:00am – 4:00pm AEST
Email: [email protected]
Address: QEII Courts of Law Complex, 415 George Street, Brisbane Qld 4000
Post: PO Box 15167, City East Qld 4002
Process – Paper
The following documents and templates can be used for a paper-based submission.
For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with experienced law firms who can assist with completing this task.
You will need to provide the following documents or as requested by the Supreme Court:
- Form 114 – Renunciation where a Will is in place and you were nominated as Executor
- Form 115 – Renunciation (intestacy) where no Will is in place and you are the only Next of Kin and don’t wish to take on the duties of Administrator
SUCCESSION ACT 1981 (QLD) Section 46 (Austl.) (accessed 4/1/2018)
5.8 Dispute Between Executors and Next of Kin
It is not unusual that the Executors, Administrator, Next of Kin and Beneficiaries may disagree about certain views and decisions along the way. Disagreements are ideally discussed and mediated between the parties.
Some common examples of complaints and disagreements are:- The Executor or Administrator did not sufficiently communicate with the Beneficiaries;
- The time taken by the Executor or Administrator to administer the estate;
- The Executor or Administrator is seen to be taking advantage of the powers vested in them to advance their personal interests and not those of the Beneficiaries (conflict of interest);
- The Executor or Administrator did not locate all the property and did not insure it appropriately;
- The Executor or Administrator did not keep accurate accounts; and
- The Executor or Administrator did not administer the estate as per the Will.
Most issues can be resolved through open and frequent communication. As the Executor or Administrator of a deceased estate it is worthwhile letting family members know what needs to be done, what you are currently working on and what the next steps are.
You may also find it useful to share this website with them, so they can learn about the process, appreciate the work you are doing for them and provide you with support rather than questioning your actions.
simplyEstate is here to help. You can contact us via email or book a phone appointment to discuss the administration or any disputes you have so you can determine the best course of action.
Remember, simplyEstate cannot provide advice as per our Terms & Conditions but can provide general guidance or help you seek the appropriate support for your situation.
Complete Step
Actions and Decisions to Complete Step Yourself
If you have decided to tackle this Step yourself after reading and understanding the above, you may want to:
- Read carefully the duties of an Executor and Administrator
(see Step 5.2 above); - Determine who the Executor(s) named in the Will are, where a valid Will is in place
(see Step 5.3 above); - Determine who the likely Administrator will be, where no valid Will is in place
(see Step 5.4 above); - Agree which Executor(s) named in the Will want to or can take on the duties solely or jointly and follow the process outlined in Step 5.6
(see Step 5.5 and Step 5.6 above); and - Complete the necessary paperwork if Executor(s) who are named in the Will want to renounce their executorship
(see Step 5.7 above and forms below).
Information
Forms
Legislation
Cost & Effort
Reading: 20 minsPreparing: 10 mins
Completing: 1-2 hrs
Total: 1:30-2:30 hrs
Cost: 0$
Effort and cost are general estimates only and are based on the assumption that you complete this step without experienced support.
Instructions
To find out how this Process Guide works, access the instructions here.
Glossary
To find out what the capitalised words mean, access the glossary here.
Forms
Renouncing Executorship & Administratorship
Consent Form – nominated Executor who does not want to take on the duty but reserves the right to apply at a later stageRefer to Step 5.7 above for more detail about these forms.
Renouncing Executorship & Administratorship
Form 123 – Renunciation of probateRefer to Step 5.7 above for more detail about these forms.
Renouncing Executorship & Administratorship
Renunciation of ProbateAffidavit of Verification – Renunciation of Probate
Refer to Step 5.7 above for more detail about these forms.
Renouncing Executorship & Administratorship
Form 114 – Renunciation where a Will is in place and you were nominated as ExecutorForm 115 – Renunciation (intestacy) where no Will is in place and you are the only Next of Kin and don’t wish to take on the duties of Administrator
Refer to Step 5.7 above for more detail about these forms.
Other forms not listed here may be required based on your specific circumstances.
Checklists & Tools
Use Australia’s smartest Assets & Liabilities Inventory to automatically calculate the estate value for Grant of Probate.
Legislation & Rules
Will with Multiple Executors
ADMINISTRATION ACT 1903 (WA) Section 7 (Austl.) (accessed 20/10/2018)
Renouncing Executorship & Administratorship
NON-CONTENTIOUS PROBATE RULES 1967 (WA) Rule 28 (Austl.) (accessed 20/10/2018)
Renouncing Executorship & Administratorship
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 69 (Austl.) (accessed 20/10/2018)
Renouncing Executorship & Administratorship
ADMINISTRATION AND PROBATE ACT 1958 (VIC) Section 15 (Austl.) (accessed 20/10/2018)
Renouncing Executorship & Administratorship
SUCCESSION ACT 1981 (QLD) Section 46 (Austl.) (accessed 2/1/2021)
Other legislation and rules not listed here may apply to your specific circumstances.
Ask for Support
Executor & Administrator Support
Have you encountered a challenge along the way, are you unsure about how to proceed or how to engage a lawyer? Speak to simplyEstate to point you in the right direction. See how we can help here.
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Estate & Probate Lawyers

Estates Plus by MKI Legal
Online & Perth CBD We can help with:- establishing validity of a Will
- determining the Executors or Administrators (without a Will)
- administering end-to-end

Lynn & Brown Lawyers
Morley, Ellenbrook & Perth CBD We can help with:- establishing validity of a Will
- determining the Executors or Administrators (without a Will)
- administering end-to-end

FourLion Legal
Perth CBD & Fremantle We can help with:- establishing validity of a Will
- determining the Executors or Administrators (without a Will)
- administering end-to-end
simplyEstate Trusted Lawyers in Sydney coming in early 2021.

Sharrock Pitman Legal
Glen Waverley We can help with:- establishing validity of a Will
- determining the Executors or Administrators (without a Will)
- administering end-to-end
Find out if we can help during an obligation free phone consultation.
Find Out MoreCarew Counsel
Melbourne CBD We can help with:- establishing validity of a Will
- determining the Executors or Administrators (without a Will)
- administering end-to-end
Find out if we can help during an obligation free phone consultation.
Find Out MoreMcNab McNab & Starke
Melbourne CBD, Essendon & Sunbury We can help with:- establishing validity of a Will
- determining the Executors or Administrators (without a Will)
- administering end-to-end
Find out if we can help during an obligation free phone consultation.
Find Out MoresimplyEstate Trusted Lawyers in Brisbane coming in early 2021.