What to do as an Executor: Preparing to see a Lawyer

Posted on : 20 February 2026 Article by : Krystal Potrzeba

What to do as an Executor: Preparing to see a Lawyer

When does an Executor need to see a Lawyer?

We regularly see ‘Executors’ after a loved one has died as they want to find out what they need to do in order to administer the estate and fulfil their obligations as executor.

A person who has been appointed an executor in a Will – and so charged with ‘administering the estate’ – will usually need some legal advice. We offer executors guidance, assistance or full representation to complete estate administration tasks.

We offer First Appointments with an experienced Wills and Estates Lawyer for a low fixed fee of $330.

This appointment involves an hour or so with an experienced lawyer to run through all the questions you have and obtain some advice on what to do next.

Most estates, especially if there is money in accounts and/or a property, will need Probate. Once Probate has been obtained, the administration begins in earnest.

There will be accounts to close and banks to deal with, there may be property to transfer, tax returns to be lodged, companies and trusts to wind down, and of course, payments to be made to beneficiaries.

Some tasks are straightforward, others, especially when dealing with banks, institutions, the tax office, or if selling property, can become daunting and time consuming. When there is work like this to do, most people retain a lawyer to do the bulk of the work for them.

Fees incurred in administering the estate – including lawyer's fees – are reimbursed from the estate.

What to bring to an appointment with a Lawyer:

Bring along as much as you can as this enables the lawyer to give you clear guidance on your next steps.

Knowing what assets comprise the estate, will give your lawyer an understanding of what will be required to administer the estate and allow for an accurate estimate of the costs involved.

Below is a list of some important items to bring with you to your initial appointment.

If you can’t find everything for the first appointment – just bring what you can, and other material can be bought in later.

Your own identification documents (including any change of name documents such as marriage certificate, divorced orders).
The Original Will - if you have it, otherwise, a copy.
Death Certificate – if issued. If not, this can be provided later.
Other certificates may/may not be needed - Birth certificate, marriage certificates, change of name certificates, divorce order- decree nisi.
Names and details of the deceased’s immediate family (spouse, children, dependent/s of the deceased or anyone living with the deceased).
Names and details of beneficiaries named in the Will:
- Legal and full names – Check spelling is correct
- Residential addresses
- Email addresses
- Contact numbers
- Dates of birth

Details of the assets and the liabilities of the estate. To do this is it usually necessary to search the deceased’s personal papers for the following:

Bank account details and/or statements: Bank passbooks, cheque books and statements, term deposit details, credit cards and key cards.
Details of any real property (houses, land, commercial buildings) owned by the deceased including documents relating to any associated mortgages or loans.
Rates notices for any properties owned by the deceased.
If applicable: Nursing home details including any fees due or refund owing to the estate and any agreement with the nursing home.
If applicable: Retirement Village agreement documents.
Superannuation statements/information: Name, member number, account balance and insurance amounts, self-managed super fund trust deeds.

Details of any motor vehicles/vessels: Motor vehicle registration papers and car or motor vehicle insurance details.
Details of any Pensions (Centrelink card/Veterans' Affairs card/overseas pension information).

Medicare card
Driver’s license
Life insurance policies
Funeral insurance policies
Home and/or content insurance information
Previous tax returns
Tax file number
Membership cards
Details of any personal property and effects, particularly items of value (eg. coin collections, stamp collections, jewellery etc), where they are located if known and the estimated value if known.
Shares: Security Reference Numbers: These can be found on dividend statements/company correspondence. Bring dividend statements of other statements about shares that you can locate.
Details including any paperwork of any other investments or property or assets of the deceased.
Any expenses that require to be paid or reimbursed from the Estate (e.g. funeral accounts).
Receipted accounts for last payment of phone, electricity, gas, water, rates, land tax, council rates, building & contents insurance.

Details of any business owned (or co-owned) by the deceased person:

If the deceased owned a business or was a director of a business, these documents will also be necessary:
- Registered name of the business and other identifying details of the business (e.g. ABN/CAN)
- Address of the business
- Nature of the business
- Type of business structure (eg sole trader, partnership, company etc)
- Names of other directors/owners if applicable
- Major assets of the business and the value of them

Wills and Probate Lawyers - Townsville

Our Wills and Probate lawyers practice exclusively in Succession law. They are available to assist with all types of Wills, Estate Planning and Estate Administration matters.

We offer fixed fee prices for Wills and offer first appointments with an experienced Estates Lawyer for $330 to help you plan estate administration when a loved one dies. We also advise on challenging or defending a Will.

Fees and Prices Call Us

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