Executor checklist Australia: the first 30 days

As at 27 October 2026. By Plain Numbers Co team.

In your first 30 days as an executor in Australia, you don't need to sell or hand out anything. Your job is to secure the estate, find the will and certified death certificates, tell the ATO and other organisations, list every asset and debt, and note the key deadlines: probate (in NSW, aim to apply within six months), the final "date of death" tax return, and the 2-year window for selling the family home free of CGT. The checklist below sets out each step, with a worked example and a NSW-specific section.

Key takeaways

• Weeks 1-2: find the will, get certified copies of the death certificate, secure the home, car and valuables, and keep every receipt.
• Weeks 2-4: tell the ATO, Services Australia, banks and super funds, then build one list of assets and debts with a value for each.
• Don't distribute anything yet. In NSW, Legal Aid says to wait at least six months after the death, and family provision claims can be made for 12 months.

Summary: point and details

• First job: Find the original will and get certified death certificates
• Tell the ATO: Phone to report the death, then submit the official notification of death
• Tax returns: A final "date of death" return for the person; trust returns for the estate if it earns income
• Probate (NSW): Apply to the Supreme Court of NSW, ideally within six months of the death
• Family home: Full CGT exemption if the sale settles within 2 years of death (conditions apply)
• Don't rush: Pay debts and provide for tax before any distribution

Contents

• Week 1: secure and find
• Weeks 2-4: notify and list
• The dates to diarise
• Worked example: an estate in NSW
• NSW: probate and notices
• What this means for you
• FAQ
• Sources

Week 1: secure and find

1. Look after yourself first. The ATO's own checklist starts here. There is no tax deadline in the first week.
2. Find the original will (and any codicil). Check the person's papers, their bank's safe custody and any solicitor or trustee company they used. Don't staple, unstaple or write on the original.
3. Get the death certificate. In NSW the funeral director usually registers the death and applies for the certificate from the Registry of Births, Deaths & Marriages. Ask for several certified copies; banks, super funds and share registries each tend to want one.
4. Secure the assets. Lock up the home, check the insurer knows the home may be empty, keep the car garaged, and collect keys, mail and valuables.
5. Start a log. Record every call, reference number and receipt from day one, including the funeral account. If you pay costs yourself, the estate can usually reimburse you once funds are available.

Weeks 2-4: notify and list

1. Tell the ATO. Phone the ATO to report the death so it stops writing to the person, then submit the official notification of death naming who will manage the tax affairs. The ATO notes that some information and funds can only be released to the authorised legal personal representative (the executor once probate is granted).
2. Tell everyone else. Services Australia, banks, super funds, insurers, utilities and the council. NSW's Australian Death Notification Service lets you notify several organisations online in one go.
3. List every asset and debt with a value at the date of death: bank balances, shares, super, vehicles, property, loans, credit cards, unpaid bills. This list becomes your probate inventory and your opening estate account.
4. Open a separate estate account once the bank allows it, so estate money is never mixed with your own.
5. Note the tax returns. The final individual return covers 1 July to the date of death. If the estate earns income after the death (rent, interest, dividends), it may need its own trust tax returns each year until it's finalised.

The dates to diarise

• 6 months: in NSW, apply for probate within six months of the death or explain the delay in your affidavit.
• 12 months: in NSW, family provision claims must be filed within 12 months of the death.
• 2 years: if the family home was the person's main residence and wasn't producing income just before death, a sale that settles within 2 years can be fully CGT-free (the ATO can extend this in exceptional circumstances).
• Every 30 June: each estate income year may need a trust return.

Worked example: an estate in NSW

Mai is the executor of her father's will. He died on 5 October 2026 in NSW, owning his home and some savings. All figures are made up for the example.

Step 1 – Key dates from 5 October 2026

• 30 days: 4 November 2026 (list and notifications done)
• 6 months: 5 April 2027 (aim to have probate filed)
• 12 months: 5 October 2027 (family provision claims period ends)
• 2 years: 5 October 2028 (home sale must settle by then for the full CGT exemption)
• Final individual return: 1 July 2026 to 5 October 2026 (the 2026-27 income year)

Step 2 – Assets at the date of death

• Home: $1,150,000
• Everyday account: $38,450
• Savings account: $12,210
• Shares: $24,860
• Car: $11,000
• Total assets: $1,236,520

Step 3 – Debts and costs

• Funeral (paid by Mai, to be reimbursed): $10,450
• Credit card: $2,940
• Council rates: $1,180
• Final energy bill: $410
• Total: $14,980

Step 4 – Net estate. $1,236,520 − $14,980 = $1,221,540.

Step 5 – Can the estate pay its debts before the house sells? Cash is $38,450 + $12,210 = $50,660. After the $14,980 of debts and costs, $35,680 of cash is left, so Mai doesn't need to rush the sale or the shares. The shares and car add another $35,860, which takes what's left outside the home to $71,540.

Step 6 – Probate fee check. The gross estate is $1,236,520, which is over $100,000, so a NSW probate filing fee applies (the fee depends on the estate's value).

Result: in her first 30 days Mai secures the house, collects certified death certificates, notifies the ATO and the banks, and has a one-page list showing a net estate of $1,221,540 with enough cash to pay every known debt. She has until 5 October 2028 for a CGT-free sale of the home, so there's no need to sell in a hurry.

NSW: probate and notices

• Notice of intended application. The Supreme Court of NSW requires at least 14 days' notice of an intended application for probate, published on the NSW Online Registry. If you apply through the Court's online Probate Service, the notice is published as part of the application.
• What you file. Legal Aid NSW lists the Summons for Probate (Form 111), the Inventory of Property (Form 117) and the Affidavit of Executor (Form 118), plus the original will and death certificate. A filing fee applies when the gross estate is over $100,000.
• Notice of intended distribution. Once probate is granted you can publish this optional notice (a $49 fee online). It gives creditors 30 days to make a claim and may protect you from personal liability for claims you didn't know about.
• Wait before distributing. Legal Aid NSW says the estate should not be distributed until at least six months after the death, and family provision claims can be filed for 12 months.

What this means for you

• The first 30 days are about records, not decisions: will, certificates, security, notifications and one list of assets and debts.
• Diarise the 6-month, 12-month and 2-year dates now. They drive most of the decisions that follow.
• Keep the estate's money and tax separate from your own, and provide for tax before you distribute.
• Print the free one-page version: Free Executor Checklist (printable PDF), with a key-dates table to fill in.
• Our Australian Executor's Estate Workbook works out the key dates from the date of death, and keeps the task list, contacts, assets and debts, estate account and CGT workings in one place (Excel + Google Sheets, A$19).
• If the estate holds an investment property, read Selling an investment property after 1 July 2027: CGT explained, or test the numbers in our free 2027 CGT Change Checker.

FAQ

What should an executor do first in Australia?

Find the original will, get certified copies of the death certificate and secure the assets. Notifying the ATO and listing assets and debts come next.

Do I need probate in NSW?

Usually, if the estate holds real estate or the bank or share registry asks for it. Small estates sometimes don't, but the ATO notes that some asset holders won't release assets without a grant.

How long does an executor have to apply for probate in NSW?

Legal Aid NSW says to apply within six months of the death. If you apply later, you explain the delay in your affidavit.

Does the estate have to lodge a tax return?

The person needs a final "date of death" return. The estate itself may need trust returns if it earns income such as rent or interest after the death.

Can I sell the family home without paying CGT?

Often yes, if it was the person's main residence and not producing income just before death and the sale settles within 2 years. Check the ATO's conditions for your case.

General information only, not tax, legal or financial advice. Check your own situation with a registered tax agent.

Sources

• ATO, Checklist: what to do when someone dies (updated 16 September 2026)
• ATO, Inherited property and CGT (updated 22 June 2026)
• Supreme Court of NSW, Notice of intended application for probate and Notice of intended distribution
• Legal Aid NSW, Step by step guide: applying for probate, Distributing the estate and Family provision claims
• Service NSW, Death and bereavement guide (published 8 October 2026)