If you’re responsible for managing someone’s estate after they’ve passed, you’re likely carrying a mix of pressure, paperwork, and family expectations. It’s a role that comes with legal duties—and personal weight.
In Western Australia, there are clear steps that must be followed before any part of an estate can be distributed.
This guide sets out what needs to happen—and when—so executors and family members can move forward with confidence, knowing they’re acting lawfully, fairly, and with care.
What does the law say about timing?
When it comes to distributing estate assets in Western Australia, there is no single “drop‑dead” deadline written in statute. Instead, the law sets a standard of reasonableness and provides guardrails to protect claimants, creditors, and beneficiaries. Executors must move with care, not haste.
The ‘Executor’s Year’ principle
Under WA’s legal tradition (and reflected in the Non‑Contentious Probate Rules 1967 (WA)), there is a general expectation that an executor should ordinarily finalise estate administration (including distribution) within about 12 months of obtaining the grant of probate of the Deceased’s Will.
That said:
- It’s not a rigid or statutory deadline.
- A longer timeframe to wrap things up is understandable if it is justified by complexity, disputes, litigation, or other legitimate obstacles.
- If an executor fails to act within what a court considers “reasonable time,” beneficiaries may seek direction, or sanctions from the Court and can even seek to remove the executor.
- The timeframe for a “passing of accounts” – which is the formal mechanism for obtaining the court’s approval of an estate administration is 12 months.
- See Rule 37 under the Non‑contentious Probate Rules requires the executor to file estate accounts and a proposed plan of distribution with the Court within 12 months (or such further time as allowed).
- In practice this process is not generally required (despite the Rules) and most executors finalise estate informally.
So the “Executor’s Year” functions as a commonly accepted benchmark.
No fixed time, but a duty to act ‘within a reasonable time’
Because the law does not prescribe a strict deadline, the executor is judged against the standard of reasonableness, which considers all circumstances.
Factors that affect what is “reasonable” include:
- The size and complexity of the estate
- If there are overseas assets
- Whether there are litigation risks, challenges or claims (e.g. under the Family Provision Act 1972 (WA))
- How long it takes to locate and value assets or gather information
- Tax, creditor, or other legal obligations
- Regulatory or court delays
If the executor can justify that the delay was caused by legitimate and unavoidable issues, it’s unlikely to be viewed as a breach of their obligations.
The six-month rule: what it is and why it matters
In Western Australia, there is a statutory waiting period that executors need to be mindful of.
Under the Family Provision Act 1972 (WA), certain family members—including spouses, partners, children, grandchildren and in some circumstances stepchildren —may bring a claim against the estate if they believe they have not been adequately or properly provided for in the Will.
These claims must generally be lodged within six months of the grant of probate or letters of administration being issued by the Supreme Court. This period gives eligible family members the opportunity to step forward before the estate is finalised.
Sometimes extra time can be allowed for claimants – so this is not always a hard and fast rule.
Why executors usually wait
For executors, this rule has very practical consequences.
Distributing the estate before the six months has expired may expose you to personal liability if a claim is later filed and succeeds. Even if the estate has already been divided, a court can order that beneficiaries return what they have received, leaving the executor responsible for recovering assets and managing the fallout.
Can claims be made after six months?
While six months is the standard timeframe, the court can allow a claim to be made later if there are compelling reasons—such as not knowing of the death or the Will, disability or underage children, genuine hardship or other delays outside the claimant’s reasonable control.
How long does it really take? (Simple vs complex estates)
The time to finalise and distribute an estate in Western Australia depends on its complexity.
- Simple estates – where there is a valid Will, straightforward assets (like bank accounts or a single property), and no disputes, distribution can often occur within 6–12 months of death.
- Complex estates – where lots of assets must be sold, businesses wound up, tax issues or a bankruptcy to be managed, or family provision claims are made, the process may take 1–3 years or more.
- Disputed estates – if litigation arises, distribution is delayed until the court process is resolved, which can extend timelines significantly.
Every estate is different.
What matters is that executors act diligently, keep beneficiaries informed and take advice before distributing an estate.
Steps before distribution (the estate timeline)
1. Register the death and locate the Will
The process begins with obtaining the official death certificate and locating the deceased’s original Will.
If there is no valid Will, the estate will be dealt with under the Administration Act 1903 (WA) and an administrator will need to be appointed to act, instead of an executor.
2. Secure and preserve estate assets
Executors have a duty to safeguard the estate. That may mean keeping property insured, securing valuables, securing bank accounts, and ensuring animals, businesses, or perishable goods are properly cared for.
3. Apply for a grant of probate or administration
A grant issued by the Supreme Court gives the executor or administrator formal authority to deal with the estate.
Without this, most institutions (such as banks, land titles office, life insurers and superannuation funds) will not release assets.
4. Collect and value the estate
Once the grant is obtained, the executor must gather the assets, close accounts, sell property where needed, and establish the estate’s total value. Debts and liabilities must also be identified and taken into account.
5. Pay debts, taxes and expenses
Funeral costs, outstanding loans, tax, and estate administration expenses must be settled before any distribution.
Executors may also publish notices (for example under section 63 of the Trustees Act) calling on legitimate creditors to give notice of claims within a set period.
6. Prepare the estate accounts
Detailed records of assets received in and debts paid out must be kept.
Supporting invoices, bank statements and receipts should be kept to verify costs and payments.
These accounts are important for transparency with the beneficiaries and for protecting the executor from future disputes.
What you can do early (and what you shouldn’t)
Executors don’t have to sit idle while waiting to distribute an estate. Some tasks can and should be done straight away, but handing assets to beneficiaries too soon is a serious risk.
What you can do
- Protect the estate – insure property, secure valuables, maintain bank accounts, pay necessary bills.
- Pay urgent costs – funeral expenses and essential administration costs.
- Call for creditors – publish a Section 63 notice under the Trustees Act to set a deadline for debts to be claimed.
- Interim payments (rare) – only if the estate is clearly solvent, funds are held back for any claims or contingencies, and all beneficiaries agree in writing.
- Notify the ATO – dealing with outstanding tax affairs can take time and comes with serious personal liability for an executor.
What you shouldn’t do
- Distribute assets before the six-month claim period has passed.
- Divide assets informally between beneficiaries.
- Pay yourself for your time – unless the Will allows it or beneficiaries agree.
Different types of assets and distribution timing
Not all assets are treated the same way when it comes to timing. Some can pass outside the estate, while others must wait until debts and claims are resolved.
Jointly owned property
If owned as joint tenants, the property passes automatically to the surviving owner and does not form part of the estate.
Superannuation
Super is not automatically an estate asset. It depends on whether there is a binding death benefit nomination – or if the super fund trustee must make a determination.
Payment may go directly to dependants or into the estate, which affects timing.
Real estate
If left to a beneficiary in the Will, transfer usually occurs after probate and the six-month claim period. If it must be sold, timing depends on the market.
Shares and investments
Can be transferred or sold down once probate is granted, but distribution should wait until the six-month window has passed.
Bank accounts and cash
Frozen until probate or administration is granted, then released into the estate account. Safe to distribute only after debts and claims are settled.
Intestate estates (no Will)
Follow the statutory formula under the Administration Act 1903 (WA).
Distribution cannot happen until an administrator is appointed and the waiting period has passed.
Risks of distributing too early
Distributing estate assets before the law allows can leave executors personally exposed. The main risks include:
- Legal liability – if a family provision claim is lodged within the six-month period, you may be responsible for recovering assets already handed out.
- Late claims from creditors – debts not yet identified can still be enforced against the estate, even if funds have been distributed.
- Tax obligations – estates may owe income tax or capital gains tax. Prematurely distributing assets can leave the executor liable to pay the ATO.
- Clawbacks and disputes – beneficiaries who have to return money or assets may resist, leading to conflict and costly litigation.
For these reasons, most executors wait until the six-month period has expired, all debts are settled, and tax issues clarified before making any distribution.
Need help with estate distribution?
Administering a deceased estate in WA is a careful process and getting the timing right is critical.
At Solomon Hollett Lawyers, deceased estate administration is at the heart of what we do. We help executors and families manage the process from probate through to distribution, making sure assets are handled lawfully, disputes are minimised, and you feel supported at every step.
