By Talk to a Lawyer · Published 20 September 2026 · 3 minute read
Explore wills & later life guides →
Being named as an executor can create practical questions before you know what authority or assistance is required. Start by gathering the documents you have and identifying the decisions that need advice. Avoid assuming that a will, a family agreement or possession of records authorises every action. Ask the adviser to explain the relevant process for the estate and your role.
Identify the documents and the people
Bring the will and any related documents you hold, along with information about the death and the people named in the will. Tell the adviser if there may be another version or if the original cannot be located. Mark uncertainty rather than deciding which document must be final.
Explain whether there are co-executors, beneficiaries seeking information or a known disagreement. Ask whom the lawyer would represent and how instructions and communication would work. Family members may have different interests even when everyone initially agrees that help is needed.
Make an asset and liability map
List assets, debts and institutions, noting the ownership information you actually know. Separate sole, joint and company or trust interests where the records identify them, and ask about anything uncertain. Keep superannuation and insurance questions visible rather than assuming they follow the same route as every estate asset.
Record which institutions have been contacted and what they requested. Do not treat an institution's administrative checklist as a complete statement of your legal responsibilities. The adviser can explain which documents or authority need to be obtained for the relevant steps.
Ask what work is required and who will do it
An initial advice appointment, an application for a grant and complete estate administration are different scopes. Ask what the proposed service includes: obtaining records, preparing documents, communicating with institutions, accounting, transfers or distributions.
Clarify what you are expected to do yourself and which steps should wait for further advice. Ask how fees and external expenses are estimated, approved and reported. A clear division of work reduces duplication and prevents an important task from being left between the executor and the office.
Keep an administration record from the start
Create a dated log of communications, records received and expenses, keeping supporting documents. Ask the adviser what accounting and information obligations apply to your circumstances. Do not assume informal family updates replace any required record or process.
If a disagreement emerges, tell the adviser before making promises or distributing assets in response to pressure. Ask how that changes the scope and whether separate advice is needed. End the first appointment with a short list of the next authorised steps and outstanding information.
Keep this checklist beside you
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
Common questions
Do all estates need the same process?
No. Ask about the estate’s assets, ownership, documents and relevant jurisdiction. An example from another estate may not establish what is required in yours.
Can the lawyer do only part of the administration?
Ask whether a limited scope is available and make the division of tasks explicit. Confirm what you must do, what the office will do and when further advice is needed.
Sources and scope
General appointment preparation, not advice about your individual circumstances. Examples are illustrative, not client case studies. Sources provide further reading; confirm current requirements with the relevant service or adviser.
- Supreme Court of NSW: applying for probate
NSW probate applications; other grants and jurisdictions have different requirements.
- Moneysmart: claiming a super death benefit
Australia; general fund-claim and complaint information.
- Moneysmart: wills and powers of attorney
Australia; general planning information. Legal documents depend on jurisdiction and circumstances.
Keep exploring
The preparation desk · Local legal-help guides
Preparing for a wills and estate-planning appointment
Organise your first wills appointment: map family circumstances, assets, existing documents, decision-makers and questions about scope and signing.
Writing a useful chronology for a lawyer
Build a dated, evidence-linked timeline that separates events, interpretations and uncertain recollections.
Explore related services
- Contested Wills
- Elder Law
- Estate Planning & Trusts
- Powers of Attorney & Guardianship
- Superannuation Death Benefits
- Wills & Estates