We asked Google what the 10 most common questions are that people search for after someone dies. Our Estate Planning and Administration Principal Solicitor, Gabriella Ferraro, breaks down the answers to each of these questions, so you don’t have to spend hours searching — or trying to piece together confusing information online. This is Part 2 in our two-part series.
- How long can an executor take to distribute an estate?
Executors are generally expected to complete an estate within 12 months of death (often referred to as the “executor’s year”).
Delays are common where:
- Probate processing is slow
- Properties need to be sold
- Tax returns must be finalised
- Family provision claims are lodged
- Beneficiary disputes arise
If delays become unreasonable or unexplained, beneficiaries may apply to the Court for enforcement orders or potentially removal of the executor.
- How do we access the deceased’s bank accounts?
You should cease access to the deceased’s account once they pass away. Banks will freeze accounts once a death is reported.
To release funds, banks usually require:
- The original death certificate
- A certified copy of the Grant of Probate or Letters of Administration
- Executor identification
For small account balances, some banks will release funds without probate but this varies by institution.
Funds are typically released into the estate account controlled by the executor.
- What happens to superannuation when someone dies?
Superannuation does not automatically form part of the estate.
It is paid according to:
- A Binding Death Benefit Nomination (BDBN), or
- The trustee of the super fund’s discretion if no valid nomination exists
Eligible beneficiaries include:
- Spouse (including de facto)
- Children
- Financial dependants
- The deceased’s legal personal representative (estate)
- Can an executor be paid?
Yes — but not automatically.
In Victoria:
- Executors can only be paid if the Will authorises commission, or
- All beneficiaries consent in writing, or
- The Supreme Court makes an order for commission
Executor commission is generally capped at 5% of the estate value, although what is approved depends on:
- Complexity of the estate
- Time spent
- Level of responsibility
Executors who pay themselves without proper authority risk legal consequences.
- Can an executor be removed?
Yes.
An executor can be removed where the Court is satisfied there has been:
- Delay or failure to administer the estate
- Conflict of interest
- Dishonesty or mismanagement
- Inability or unwillingness to act properly
Applications are made to the Supreme Court of Victoria.
Replacement administrators or executors can then be appointed to complete the estate distribution.
Final Thoughts
Estate administration can feel overwhelming, particularly during bereavement. Victorian law sets out clear processes, but navigating them without guidance can be stressful and risky.
If you are:
An executor handling an estate for the first time
A beneficiary concerned about delays or communication
Unsure whether probate is required
Facing issues involving distributions or superannuation
…we encourage you to reach out to our team. Obtaining early legal advice can help avoid unnecessary delays, disputes and added stress — and ensure the estate is managed properly from the outset.
