Estate Distribution

Estate distribution happens once the executor or administrator has collected the assets, paid all estate liabilities and dealt with tax. The remaining residue and specific gifts are then transferred to the beneficiaries named in the Will, or to the relatives entitled under the rules of intestacy where there is no Will.

A careful executor distributes only after the period for a family provision claim has passed, to avoid personal liability if a claim succeeds. Example: "Because Victoria allows six months from the grant of probate to bring a family provision claim, the executor waited out that window before distributing to the three beneficiaries." Claim time limits run from different start points and vary by state — six months from the grant in Victoria, but twelve months from the date of death in New South Wales — which directly affects when it is safe to distribute.