Why the First 30 Days Matter for NSW Executors

The role of executor begins at the moment of death, not when probate is granted. Between those two events, the assets of the estate notionally vest in the NSW Trustee and Guardian under section 61 of the Probate and Administration Act 1898 (NSW). 

The executor has limited authority during this period, primarily to arrange the funeral and to take reasonable steps to preserve the estate.

Acting beyond that limited authority risks “intermeddling”, which exposes the executor to personal liability for any losses to the estate. The Supreme Court of NSW also expects probate applications within six months of death, so a slow start can compress the rest of the timeline and force a written explanation to the Registrar. 

A practical, well-paced approach in the first 30 days protects the executor, satisfies the Court’s expectations, and sets the estate up for an efficient probate application.

Days 1 to 7: Immediate Actions After Death

The first week focuses on the death itself, securing the estate, and locating the key documents.

Confirm Death and Get the Medical Certificate

A medical practitioner or coroner must certify the death. The Medical Certificate of Cause of Death (MCCD) is issued by the attending doctor or, in cases of sudden or unexplained death, by a forensic pathologist after coronial investigation. This document is required before the death can be registered.

Locate the Original Will

Search the deceased’s home, safe, and personal papers first. Then check with their solicitor, the NSW Trustee and Guardian (which holds many wills in safekeeping), and any banks where they held a safe deposit box. Only the original will can be used to apply for probate, so finding it is the priority.

Arrange the Funeral

Arranging the funeral is one of the few acts the executor can lawfully undertake before probate. Funeral arrangements do not amount to intermeddling. Banks routinely release funds from the deceased’s accounts to pay funeral invoices, even before probate, on production of the invoice and the death certificate.

Secure the Property

Take reasonable steps to protect the estate’s assets. Change locks if needed, confirm insurance remains in force on the home and any vehicles, secure valuables and important documents, redirect mail to the executor’s address, and arrange care for any pets. If the deceased ran a business, contact the accountant or business adviser to keep operations stable. This is a preservation step, not a dealing, and is well within the executor’s pre-probate authority.

Days 8 to 14: Registration and Initial Notifications

With the funeral underway, attention turns to making the death formally official and notifying the entities that need to know.

Register the Death with NSW Births, Deaths and Marriages

Deaths in NSW must be registered with the NSW Registry of Births, Deaths and Marriages within seven days of the burial or cremation. The funeral director usually completes this registration. If no funeral director is involved, the executor or next of kin can register the death directly.

Obtain Certified Copies of the Death Certificate

The death certificate is issued by the Registry after registration is complete. The executor will need multiple certified copies to provide to banks, share registries, superannuation funds, NSW Land Registry Services, and the Supreme Court probate application. Order at least four to six copies up front to avoid delays later.

Notify Banks and Financial Institutions

Notify each bank, building society, and credit union where the deceased held accounts. The institutions will freeze accounts on notice of death, though they will typically release funds for funeral expenses, reasonable estate administration costs, and in some cases the Supreme Court filing fee. Also notify share registries, superannuation funds, and any insurer holding a policy on the deceased’s life. Request statements as at the date of death from each institution to support the asset inventory.

Notify Government Agencies

Notify Services Australia (for Centrelink and Medicare), the Australian Taxation Office, the Department of Veterans’ Affairs, if applicable, and any state agencies where the deceased held a licence or registration. The Australian Death Notification Service streamlines some of these notifications.

Days 15 to 30: Preparing for Probate

The third and fourth weeks set up the probate application itself.

Compile the Inventory of Assets and Liabilities

Build a complete picture of what the deceased owned and owed at the date of death. Include real estate, bank accounts, shares, superannuation, vehicles, personal effects, debts, and any contingent liabilities. The inventory supports the probate application and the Supreme Court process, and is the basis for calculating the filing fee.

Obtain Property Valuations

NSW real estate must be valued at the date of death, usually by a licensed real estate agent providing a market appraisal in writing. Shares are valued at the closing price on the date of death. Vehicles, jewellery, and significant personal effects should also be valued. The valuations support the inventory and may be relevant later for capital gains tax purposes.

Publish the Notice of Intended Application for Probate

Before applying for probate, the executor must publish a Notice of Intended Application on the NSW Online Registry website in UCPR Form 116. The notice must remain published for at least 14 days before the probate application is filed. Publishing this notice in week 3 or 4 keeps the timeline efficient.

Decide Whether to Engage a Solicitor

Most NSW executors engage a solicitor to prepare the probate application, particularly where the estate involves real estate, multiple beneficiaries, or potential disputes. The Supreme Court Probate Service supports self-represented applicants for simple estates, but errors attract requisitions that delay the grant.

What You Must Not Do in the First 30 Days

Avoiding the wrong actions is just as important as completing the right ones:

• Do not distribute assets to beneficiaries. Any pre-probate distribution risks personal liability if the will is later challenged or if creditors emerge
• Do not sell property before probate. Marketing and exchanging contracts is permitted with careful drafting, but settlement cannot occur until probate is granted. Acting beyond this is intermeddling
• Do not pay non-urgent debts. Funeral expenses and reasonable estate-preservation costs are permitted. Other debts wait until probate
• Do not commit to act as executor before you decide. A named executor can renounce probate using UCPR Form 123, but only if they have not intermeddled. Once you start dealing with assets, renunciation is closed off
• Do not ignore the six-month application window. The Supreme Court of NSW expects probate applications within six months of death. Later applications require an explanation for the delay
• Do not assume jointly-owned assets need probate. Joint tenancy assets pass automatically to the surviving owner by survivorship, separately from the estate

How a Specialist NSW Probate Lawyer Helps in the First 30 Days

Most executors have never administered an estate before. The first 30 days set the entire trajectory of the administration. Mistakes here are the most common source of personal liability later.

Our team at Empower Probate Lawyers focuses exclusively on probate, estate administration, and will disputes. Our director, Oliver Morrisey, holds a Master of Laws in Wills and Estates (High Distinction) and has over a decade of experience guiding NSW executors from death through to final distribution. We help executors in the first month with:

• Reviewing the will to confirm validity, identify potential disputes, and explain executor duties clearly
• Coordinating registrations and notifications to keep the process moving without missed steps
• Preparing the inventory and the grant of probate application to the Supreme Court standards
• Advising on letters of administration where the will is missing or no executor is available
• Identifying and managing intermeddling risks before they become a liability

Speak With a NSW Probate Lawyer in the First 30 Days

If you have been named executor of a NSW estate and want to understand exactly what to do and what to avoid in the early weeks, call Empower Probate Lawyers on 1300 481 161. Specialist advice. Free initial consultation. Deferred fee arrangements available in eligible cases.

Frequently Asked Questions

How soon should I apply for probate in NSW?

The Supreme Court of NSW expects probate applications within six months of death. Applications filed later require a written explanation of the delay. In practice, most executors apply in weeks four to ten, after registering the death, gathering valuations, and observing the 14-day notice period.

Can I arrange the funeral if I am not yet the executor?

Yes. Funeral arrangements are not intermeddling. Banks will typically release funds from the deceased’s account to pay the funeral invoice on production of the invoice and the death certificate, even before probate has been granted.

What happens if I cannot find the original will?

Search the home, the deceased’s solicitor’s office, the NSW Trustee and Guardian’s safe custody register, and any bank safety deposit boxes. If only a copy is found, the executor may apply to the Supreme Court for probate of the copy, but additional evidence is required to rebut the presumption that the original was destroyed by the deceased.

Can I access the deceased’s bank account without probate?

Generally, no, but most NSW banks will release small amounts to pay funeral expenses and reasonable estate-administration costs. Larger releases require a grant of probate. Each institution has its own threshold, usually between $10,000 and $100,000.

Do I need to register the death if a funeral director is involved?

No. The funeral director will register the death with the NSW Registry of Births, Deaths and Marriages within seven days of the burial or cremation. If no funeral director is involved, the executor or next of kin must register the death directly.

What is intermeddling, and how do I avoid it?

Intermeddling means dealing with the deceased’s assets before probate is granted. A person who intermeddles is called an “executor de son tort” and is personally liable for any losses. To avoid it, limit pre-probate action to funeral arrangements, asset preservation, and the administrative steps in this checklist.