There is no longer any kind of death duty in Australia. If a person died before 1980 and the estate has not been administered, death duties may be payable. Death duties may be payable in another country if assets are owned in that country.

Executors must file a date of death taxation return. The trustees of a deceased estate must file taxation returns on behalf of an estate where sufficient income has been earned for taxation to be payable or if a refund is sought. While no capital gains tax is payable for people who died before 20 September 1985, where people have since died, capital gains tax may be payable by whoever sells the asset.

The taxation of deceased estates can be complicated by a range of factors including the country of residence of the deceased, the executor and the beneficiaries, the intermingling of different types of assets subject to different taxation rules (such as superannuation, interest, and aged care fees) and the existence of a family business or trust.

Executors and administrators should strongly consider seeking legal and financial advice as soon as possible following the commencement of their duties. Mistakes or delays in administering an estate, including filing a taxation return, can result in loss and beneficiaries can apply to the Supreme Court seeking orders that the executor or administrator compensate them or cover the loss personally.