Protecting assets is an executor’s first job in Western Australia. Before you apply for a grant you should secure the house, keep it insured, redirect the mail, stop automatic payments, take custody of the original Will and deal with anything perishable. You hold the estate for the beneficiaries from the date of death.
Should you change the locks?
Collect keys, garage remotes, alarm codes and safe combinations from anyone who holds them and if someone won’t hand them over, tell them in writing that they must check with you before entering the property or moving anything. If you have any concerns, you should change the locks to the house.
What do you have to tell the insurer?
You have to tell the insurer that the owner has died and that the house is unoccupied. Most home and contents policies restrict cover once a property has been vacant for a set period and an insurer that isn’t told can decline a claim for a burst pipe, a break-in or a fire.
Keep the premiums paid out of the estate and if the policy lapses or the insurer won’t extend cover, arrange replacement cover rather than leaving the house bare.
The same applies to the car, to a boat and to anything else insured.
What should you do in the first fortnight?
The first fortnight is about stopping losses rather than starting the grant application.
| Asset or item | What can go wrong | Your first step |
|---|---|---|
| The house, standing empty | the insurer can decline a claim on an unoccupied property | notify the insurer of the death and of the vacancy, then keep the policy paid |
| Keys, remotes and codes | property is taken or stolen | collect every key and code, then change the locks |
| Vehicles | the car is driven or moved while uninsured | keep it insured and off the road until the estate deals with it |
| Jewellery, cash and small valuables | items go missing and can’t be traced | move them into safe custody and list them |
| Perishable or depreciating property | value is lost before the grant issues, or property is damaged | arrange sale, storage or maintenance |
| The original Will | the Court won’t accept a copy without further proof | store the original safely |
| Mail, subscriptions and direct debits | payments keep running and bills are missed | redirect the mail and cancel automatic payments |
Why does the original Will matter so much?
The Court needs the original Will to issue a Grant of Probate. If the original can’t be produced, your application has to satisfy the Court that the Will wasn’t revoked by the deceased destroying it, which means affidavit evidence about where the Will was kept and who had access.
Don’t unstaple it, don’t attach anything to it and don’t write on it, because pin holes and paperclip marks generate questions from the Registry. See Grant of Probate
What do you do about mail, services and payments?
Redirecting the mail is the single most useful thing you can do in the first week. Australia Post will redirect a deceased person’s mail to you as executor free of charge. This is how you find the accounts, insurers and creditors nobody told you about. At the same time you should cancel streaming subscriptions, gym memberships and phone plans and stop the direct debits and periodic payments running out of the deceased’s accounts.
Tell the bank about the death promptly. The accounts will be blocked, which is what you want, although you generally can’t operate them until the grant issues. See Do I need a Grant of Probate?
What about perishable and depreciating assets?
Perishable and depreciating assets need a decision early, because their value falls while the application is on foot. Food, livestock, stock in a business, a lease coming up for renewal and a car sitting unregistered all lose value on their own. You’re entitled to preserve the estate, so arranging storage, maintenance or a sale at market value is part of the job rather than a step ahead of yourself.
Why can’t you hand anything out yet?
Distributing early is the mistake that turns an executor’s problem into an executor’s personal liability. Until the debts, the funeral, the tax and the costs of administration are paid, nothing should be paid to the beneficiaries.
See How executors protect themselves from claims in WA
Frequently asked questions
Can you pay the funeral bill before probate?
Yes. Banks will generally release funds from the deceased’s accounts to pay a funeral invoice before a grant.
Does the house insurance stay valid after the owner dies?
No, not automatically. Cover can be restricted or withdrawn once the property is unoccupied and an insurer that isn’t told of the death may decline a claim.
Do you need to keep receipts for everything?
Yes. You must keep records sufficient to file an inventory of the estate and pass your accounts at the Court if requested.
We can take the administration off your hands
We act for executors from the first week onwards, whether that’s the grant application on its own or the whole administration. Call us on (08) 9220 4490 or read more at Estate administration
Related: What are the duties of an executor in Western Australia?
This article is general information about the law in Western Australia and is not legal advice.
