The executor’s role
An executor is the person (or people) you appoint in your will to manage your estate after you die. They’re legally responsible for ensuring your wishes are carried out.
It’s a position of trust and considerable responsibility.
Key responsibilities
1. Locating and securing assets
- Find all assets: property, bank accounts, investments, super, valuables
- Secure the home and belongings
- Collect important documents
- Notify relevant institutions
2. Obtaining probate
- Apply to the court to validate the will
- This gives legal authority to act on behalf of the estate
- Not always required for small estates
3. Paying debts and expenses
- Funeral costs
- Outstanding bills and loans
- Taxes owed
- Estate administration expenses
4. Managing assets during administration
- Maintain property and insurance
- Manage investments
- Collect rent or income
- Keep accurate records
5. Distributing the estate
- Transfer assets to beneficiaries according to the will
- Sell assets if required
- Establish any trusts specified
- Get receipts and releases from beneficiaries
🇦🇺 In Australia: Executors have a legal duty to act in the best interests of the estate and beneficiaries. They can be held personally liable for mistakes.
Timeline
Estate administration typically takes 6–12 months, but can take years for complex estates or if there are disputes.
| Phase | Typical timeframe |
|---|---|
| Funeral and initial steps | 1–2 weeks |
| Gathering information | 1–3 months |
| Probate application | 1–3 months |
| Collecting assets | 2–6 months |
| Paying debts | 6–12 months |
| Distribution | After debts cleared |
What an executor can (and can’t) do
Can do:
- Access the deceased’s bank accounts (after probate)
- Sell property and assets
- Pay debts from estate funds
- Hire lawyers, accountants, and agents
- Make decisions about estate management
Cannot do:
- Change the terms of the will
- Benefit themselves unfairly
- Ignore beneficiaries’ interests
- Act before obtaining proper authority
Common challenges
- Family conflict — Beneficiaries disagree or challenge the will
- Missing documents — Can’t find assets, accounts, or the will itself
- Complex assets — Businesses, overseas property, trusts
- Insufficient funds — Estate can’t cover all debts
- Time demands — Balancing executor duties with their own life
Can an executor be paid?
Executors can claim reasonable expenses (travel, postage, etc.) from the estate.
Payment for their time is more complex:
- The will may specify executor fees
- Professional executors (lawyers, trustees) typically charge fees
- Family executors often don’t charge, but legally can claim “commission” in some states
💡 Consider this: Being an executor is unpaid work that can take hundreds of hours. When choosing your executor, make sure they understand what's involved.
Executor vs administrator
- Executor — Named in a valid will
- Administrator — Appointed by the court when there’s no will or no executor available
Same job, different authority source.
What to do if you’re named as executor
- You don’t have to accept — you can renounce before taking any action
- Locate the will and any important documents
- Understand your obligations before acting
- Consider whether you need professional help
- Keep detailed records of everything
Related: How to Choose the Right Executor · Can I refuse to be an executor?