The executor has done nothing. What can you do?

7 November 2026

Practical next steps for beneficiaries and executors

You have waited months for news about a parent’s estate. The house is empty, nobody seems to know what is happening with the bank accounts and the executor has stopped replying. Is that an ordinary delay, or is it time to take action?

In Queensland, a personal representative must collect and administer the estate according to law and distribute it as soon as may be, subject to that administration. That does not mean every estate can be finalised within the same period.

Some delays have a good explanation

The executor may need to locate assets, obtain a grant of probate, sell a property, resolve debts or tax matters, or deal with a claim against the estate. Banks and other organisations may also require documents before releasing funds.

Those steps can take time even when the executor is doing their job. The important questions are what remains to be done, why it is taking time and whether the executor is progressing the administration.

When should you be concerned?

A lack of updates becomes more concerning when the delay cannot be explained or there is evidence that estate assets are at risk. Examples include an uninsured property, unexplained withdrawals or prolonged inactivity while avoidable expenses continue.

Estate funds also need appropriate management. Whether money should be invested, and how, depends on the circumstances, including expenses and distributions that may be due.

Start with a clear written request

Ask the executor for a practical update. Useful questions include:

• What assets and liabilities have been identified?
• What steps have been completed, including any probate application?
• What is holding up the next step?
• What is the expected timetable, and when will the next update be provided?

Explain any particular concern and keep a record of your correspondence. Your entitlement to documents or accounts depends on your interest in the estate and the circumstances. A solicitor can help identify what information to request.

If you think assets are being misused or may be lost, obtain advice promptly rather than waiting for another routine update. Other estate claims may also have time limits.

What if the problem continues?

Depending on the evidence and the stage of administration, options may include a solicitor’s letter, steps to obtain accounts or information, or an application to the Supreme Court. In an appropriate case, the court may remove or replace a personal representative.

Removal is a serious step and is not automatic because a beneficiary is dissatisfied or an estate is taking time. The court’s focus is the proper administration of the estate. Advice should address the evidence, likely costs and practical alternatives before proceedings begin.

How we can help

If you are a beneficiary waiting for answers, our estate administration and disputes team can assess what has happened and explain the available options. If you are an executor facing a difficult decision or allegation, we can advise on your duties and how to respond.

Speak with our team

Call (07) 3180 3580 or contact our Cleveland or Capalaba office to discuss the next step. We assist clients across the Redlands and south-east Brisbane.