Losing a parent is one of life’s most challenging experiences, and discovering that you’ve been named as the executor of their estate can feel overwhelming during an already emotional time. If you’re facing this responsibility in Victoria, Australia, understanding your role and the specific legal requirements can help you navigate this important duty with confidence.
Being chosen as an executor is both an honour and a significant responsibility. Your parent trusted your judgment and believed in your ability to carry out their final wishes according to Victorian law. While the process requires careful attention to legal requirements and financial management, it doesn’t need to be overly burdensome with proper preparation and professional guidance.
In Victoria, the estate administration process is governed by specific legislation and overseen by the Supreme Court of Victoria. Understanding these requirements from the outset will help ensure you fulfil your duties correctly and efficiently.
Immediate Actions (First 24-48 Hours)
The first days after your parent’s death require prompt attention to several critical tasks, even as you’re processing your grief. In Victoria, certain steps must be taken quickly to ensure compliance with legal requirements.
Confirm the death and obtain death certificates. If your parent died in a hospital or aged care facility, the staff will typically handle the initial death confirmation. However, you’ll need to obtain multiple certified copies of the death certificate—at least 10 to 15 copies, as these will be required for virtually every aspect of estate administration in Victoria. You’ll need these for filing with the Supreme Court of Victoria, changing ownership of financial accounts, and claiming superannuation benefits.
Locate the original will. Your first priority is finding your parent’s most recent will. Search their important documents, safety deposit boxes, home safe, and check with their solicitor if they had one. The original will is crucial, as the Supreme Court of Victoria requires the physical document to begin the probate process. Make several photocopies before filing, but be extremely careful not to alter the will in any way, including removing staples or making marks.
Inform family and close friends. While emotionally difficult, notifying immediate family members and close friends should happen quickly. Consider asking a trusted family member or friend to help make these calls, as this can be emotionally taxing during your time of grief. Look for your parent’s address book and email contacts to ensure no one important is overlooked.
Arrange funeral or memorial services. Search your parent’s papers for any prepaid funeral contracts, burial plans, or specific instructions about their wishes. In Victoria, you should also look for any “Disposition of Remains” documentation, as the will itself is not controlling for burial instructions. If your parent left no specific directions, gather close family members to plan a service that honours their memory. Remember that funeral expenses can typically be reimbursed by the estate once probate is granted.
Initial Administrative Tasks (First 1-2 Weeks)
Once the immediate concerns are addressed, you’ll need to begin the administrative work of estate management according to Victorian legal requirements.
Gather important documents and information. Collect all essential paperwork including the will, any trust agreements, recent bank and investment statements, property deeds, birth and marriage certificates, superannuation information, life insurance policies, and vehicle registration documents. Also locate keys to safety deposit boxes and home safes. In Victoria, you’ll need this documentation to complete the Inventory of Assets and Liabilities required for the probate application.
Lodge a probate advertisement (notice) online. One of the unique requirements in Victoria is publishing a Notice of Intended Application on the Supreme Court of Victoria website. This notice must be published at least 14 days before you can apply for a Grant of Probate. Your solicitor will arrange this.
Secure the deceased’s home and assets. Take immediate steps to protect your parent’s property and belongings. If you don’t live nearby, ask a trusted friend or relative to monitor the home regularly. Consider changing the locks for security, collect and re-direct mail and packages, discard perishable food, and maintain essential utilities like electricity and gas. Don’t give away any personal property during this initial period—distribution should wait until the legal process is complete. If your parent had pets, arrange for their immediate care, as this responsibility is often overlooked but critically important.
Understanding the Role of the Executor in Victoria
As an executor in Victoria, you serve as the personal representative of your parent’s estate and hold a fiduciary duty—a legal and ethical obligation—to act in the best interests of the estate and its beneficiaries under Victorian law.
Your legal authority and responsibilities. In Victoria, you cannot begin administering the estate until the Supreme Court of Victoria issues a Grant of Representation. The Grant of Representation is official proof that you’re entitled to collect and distribute the estate assets according to the will.
Key duties under Victorian law. Your primary responsibilities include collecting all assets and having them valued if needed, identifying and paying debts from the estate funds, arranging tax returns for the deceased, claiming life insurance benefits, applying for a Grant of Probate (you must be over 18 to apply), and ultimately distributing the estate according to the will’s instructions. You may also need to take or defend legal action on behalf of the estate.
Seeking Professional Guidance in Victoria
While you can handle many executor duties yourself, seeking professional assistance is strongly recommended, especially given the specific requirements of Victorian probate law and the complexity that can arise in estate administration.
Legal assistance is essential. Consult with a qualified solicitor who specialises in probate and estate administration in Victoria as early as possible in the process. Victorian probate law has specific requirements that differ from other Australian states, including unique forms, filing procedures, and court processes. An experienced estate solicitor can guide you through the Supreme Court of Victoria’s requirements, help you understand Victorian-specific laws and deadlines, and ensure you’re fulfilling all legal obligations correctly.
Understanding Victorian probate costs. Professional legal assistance may seem like an additional expense, but it’s typically paid by the estate and can prevent much larger problems down the road. In Victoria, probate filing fees are calculated based on the estate’s value. Your solicitor can help you understand all associated costs and ensure proper fee calculation.
Financial and tax expertise matters. Consider working with an accountant (or your parents’ accountant) who has experience with deceased estates and Australian tax law. They can help you understand the tax implications of estate administration, assist with filing final income tax returns for your parent, and advise on any capital gains tax implications. Proper financial management during the estate administration process can save significant money and prevent costly mistakes.
The importance of local expertise. Victorian estate law has specific nuances, from the online probate notice requirements to the electronic Grant of Probate system introduced by the Supreme Court of Victoria. Working with professionals who understand these local requirements ensures compliance and can significantly streamline the process.
A Note on Self-Care During Estate Administration
Remember that while you’re managing your parent’s estate, you’re also grieving the loss of someone important to you. This dual role of executor and mourning child can be emotionally exhausting, and it’s important to acknowledge that both responsibilities deserve attention and care.
Being an executor in Victoria takes time and effort, particularly given the specific legal requirements and court processes involved. However, it doesn’t need to consume your life or prevent you from processing your grief. Take things one step at a time, and don’t hesitate to ask for help from family members, friends, or professionals when you need it. Delegate tasks when possible—whether it’s asking a sibling to help sort through documents or having a friend assist with funeral arrangements.
Set realistic expectations for yourself and remember that the estate administration process in Victoria often takes longer than expected, particularly if probate is required. The Supreme Court of Victoria’s processing times, creditor notification periods, and asset realisation can all contribute to a lengthy process. There’s no shame in taking breaks when you need them or seeking emotional support through counselling or support groups.
Your parent chose you as executor because they trusted your judgement, but they would also want you to take care of yourself during this difficult time. The Victorian legal system recognises the challenges executors face, which is why professional support is available and encouraged.
Expert Probate Assistance in Victoria
If you’re facing the responsibility of serving as an executor in Victoria, you don’t have to navigate this complex process alone. The Victorian probate system has specific requirements that can be overwhelming, especially while you’re grieving, but professional guidance can make the process much more manageable and ensure compliance with all legal obligations.
Hayton Kosky’s experienced estate law team understands the intricacies of Victorian probate law and the challenges you’re facing as an executor. We can provide expert guidance through every step of the process, from lodging the initial probate notice to obtaining your Grant of Probate and completing the estate distribution. Our solicitors are familiar with the Supreme Court of Victoria’s procedures and can help ensure your application is completed correctly the first time.
Contact Hayton Kosky today for an initial consultation to discuss your specific circumstances and receive professional legal assistance with the Victorian probate process. Let our experienced team help you fulfil your duties as executor with confidence, ensuring your parent’s final wishes are honoured while providing you with the support and guidance you need during this challenging time.