The Role of an Executor: What Does Being an Executor Really Involve?

Being named as an executor in someone’s Will is both an honour and a significant responsibility. It’s a role many people accept without fully understanding what’s involved. 

Whether you've been appointed as an executor, or you're preparing your own Will and considering who to name, it’s important to understand what being an executor really involves and why choosing the right person matters.

What Is an Executor?
An executor is the person (or people) appointed in a Will to carry out the wishes of the deceased and manage their estate. This includes everything from applying for probate to distributing assets. Executors have legal duties and can be held personally liable if those duties aren't carried out properly.

Key Responsibilities of an Executor
Executors are required to complete a number of legal, financial and administrative tasks. These often include:

Locate the Will & Apply for Probate

• Locate the most recent valid will of the deceased.

• Apply for a grant of probate (if required), which gives legal authority to manage the estate.

Identify & Manage Assets and Liabilities

• Identify and value the assets of the estate (such as bank accounts, real estate, personal belongings, superannuation, and investments).

• Determine any outstanding debts and taxes and ensure they are paid.

Secure & Protect the Estate

• Safeguard property and valuables.

• Ensure appropriate insurance is maintained and manage ongoing costs, such as rates or mortgage payments, where applicable.

Distribute the Estate

• Distribute assets to beneficiaries in accordance with the instructions as set out in the deceased’s Will. 

Manage Disputes or Legal Challenges

• Respond to any claims made against the estate (such as family provision claims).

• Act impartially and seek legal advice where disputes or uncertainties arise.

While these tasks can be complex and time-consuming, help is available. Executors are encouraged to seek legal and financial guidance to ensure they are fulfilling their duties correctly and efficiently.

Choosing the Right Executor
While any adult with legal capacity (aged 18 or over) can be appointed as an executor, it’s important to choose someone who is:

• Trustworthy and responsible.

• Organised and capable of handling paperwork and financial matters.

• Willing and available to act (the role may continue for many months,
  or even years).

• Ideally, familiar with your affairs.

It’s common to appoint a spouse, adult child, or close friend—but in some cases, especially where estates are complex or there is potential for dispute, a professional independent executor (such as a lawyer or trustee company) may be more suitable in some circumstances.

Does the person you name in your Will have to act as Executor?
No, the person nominated as executor is not legally obligated to accept the role. For this reason, it's wise to name a substitute executor in your Will, in case your first choice is unable or unwilling to act. This can help avoid the need for the Court to appoint an administrator.

Reviewing Your Will Regularly
Life changes—so should your estate planning. It’s a good idea to review your Will every few years, or after major life events, to ensure your executor is still willing and able to act. If they are no longer suitable, updating your Will to appoint a new executor can help avoid unnecessary delays or complications for your loved ones later on.

Need Guidance?
Whether you're preparing your Will for the first time or reviewing your existing estate planning, choosing the right executor is a key decision. Thoughtful planning now can help ensure your wishes are carried out smoothly and with minimal stress for your loved ones.

At Wills and Succession Lawyers, we’re here to guide you through the estate planning process with care and clarity. Contact us to discuss estate planning needs and ensure your wishes are carried out with care and clarity.