Upon the issue of a grant of probate or letters of administration by the Supreme Court of New South Wales, all the deceased’s real and personal property in New South Wales as at his or her date of death passes to and becomes vested in the executor or administrator (the “legal personal representative”) of the deceased’s estate.

Prior to the issue of a grant from the Supreme Court of New South Wales, the legal personal representative has no title to the assets of the estate and such title vests in the NSW Trustee and Guardian, as per s 61 of the Probate and Administration Act 1898 (NSW).

In order to properly administer the deceased’s estate, a legal personal representative must determine what is available for such a distribution. Further, it will usually also be necessary to establish what constitutes the residuary estate.

Upon the issue of a grant of probate or letters of administration by the Supreme Court of Victoria, all the deceased's real and personal property in Victoria as at his or her date of death pass to and becomes vested in the executor or administrator (the "legal personal representative") of the deceased's estate. Section 13 Administration and Probate Act 1958 (Vic) deals with real estate in the estate. In respect to valid wills the executor’s title to the assets derives from the will but probate provides proof as to that title.

Prior to the issue of a grant from the Supreme Court, the administrator has no title to the assets of the estate and such title vests in the Public Trustee: s 19 of the Administration and Probate Act 1958 (Vic).

In order to properly administer the deceased's estate, a legal personal representative must determine what is available for such a distribution. Further, it will usually also be necessary to establish what constitutes the residuary estate.

All the property in a deceased estate vests in the executor (the "legal personal representative") as from the date of death. However, if there is no executor able and willing to act, then it vests in the public trustee: s 45(1) Succession Act 1981 (Qld).

When the court appoints an administrator to the estate, the title to any property devolves to the administrator and relates back and is deemed to have arisen upon the death of the deceased: s 45(4) Succession Act 1981 (Qld).

In order to properly administer the deceased's estate, a legal personal representative must determine what is available for such a distribution. Further, it will usually also be necessary to establish what constitutes the residuary estate.

All the property in a deceased estate vests in the executor (the "legal personal representative") as from the date of the grant of probate or administration. Prior to the grant, the legal personal representative has no legal title to the assets of the estate and title notionally vests in the Public Trustee as per s 9 of the Public Trustee Act 1941 (WA) immediately on death. However, if there is no executor able and willing to act, then it will continue to vest in the Public Trustee and the Public Trustee will make an application to be administrator: s 9, Public Trustee Act 1941 (WA)

In order to properly administer the deceased's estate, a legal personal representative must determine what is available for such a distribution. Further, it will usually also be necessary to establish what constitutes the residuary estate.

The question of when assets become vested in the legal personal representative depends on whether the legal personal representative is an executor or an administrator.

An executor derives his or her title from the will and therefore all assets immediately vest in him or her upon the death of the testator: Ryan v Davies Bros Ltd (1921) 29 CLR 527. However, an executor may still need to prove the will (ie obtain a grant of probate) in order to prove to those holding assets that he or she has the requisite authority sanctioned by the court.

An administrator, on the other hand, has no title to the assets of the estate prior to the issue of a grant of administration from the Supreme Court. Prior to that time, all real and personal property of the deceased subject to an intestacy or partial intestacy vests in the Public Trustee: s 45 Administration and Probate Act 1919 (SA).

In order to properly administer the deceased's estate, a legal personal representative must determine what is available for distribution ie to establish what constitutes the residuary estate.

Upon the issue of a grant of probate or letters of administration by the Supreme Court of Tasmania, all the deceased's real and personal property in Tasmania as at his or her date of death passes to and becomes vested in the executor or administrator (the " personal representative") of the deceased's estate.

In order to properly administer the deceased's estate, a legal personal representative must determine what is available for such a distribution. Further, it will usually also be necessary to establish what constitutes the residuary estate.

Upon the issue of a grant of probate or letters of administration by the Supreme Court of Australian Capital Territory, all the deceased's real and personal property in the Australian Capital Territory as at his or her date of death passes to and becomes vested in the executor or administrator (the "legal personal representative") of the deceased's estate.

Prior to the issue of a grant from the Supreme Court of the Australian Capital Territory, the legal personal representative has no title to the assets of the estate and such title vests in the Public Trustee for the Australian Capital Territory: s 38A of the Administration and Probate Act 1929 (ACT).

In order to properly administer the deceased's estate, a legal personal representative must determine what is available for such a distribution. Further, it will usually also be necessary to establish what constitutes the residuary estate.

See Collection of assets.