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What Does an Executor of a Will Actually Do?
Airlie Legal • March 5, 2026
Most people named as the executor of a will say yes before they know what they're agreeing to. It's an enormous responsibility, and the list of obligations is longer than most expect. If you've recently been appointed as the executor of a will, or you're in the process of writing your own and want to make the right choice, this blog post walks you through the executor's duties clearly and honestly, starting with funeral arrangements and finishing with the final handover of assets.
What Is an Executor?
An executor is the person named in a deceased person's will to administer the deceased person's estate after they pass away. Their job is to carry out the instructions left by the deceased person and make sure assets are distributed to all the beneficiaries.
The role can be straightforward in simple estates, or it can become complicated when there are multiple assets, debts, disputes, or family dynamics at play. Either way, it carries real legal weight.
Do You Have to Accept the Role?
No. You are not obliged to accept the role of executor of a will even if you've been named in it. If you choose to decline, you should do so as soon as possible and before you begin any part of the administration process. Once you start acting as executor, stepping back becomes more complicated.
If you decline, a different executor named in the valid will can take on the duties. If no substitute is named, it's possible to apply for a court-appointed administrator to step in. This is also the process followed when a deceased person has passed away without a will, known as dying intestate. When someone dies intestate, an administrator is appointed rather than an executor, and they must follow the laws of intestacy to distribute the estate. You can also transfer the role to an independent professional executor. In Queensland, the Public Trustee can assist if you're having difficulty managing the estate.
If you're unsure whether to accept, it's worth getting legal advice before you decide.
The Main Duties of an Executor
The executor's responsibilities begin almost immediately after the death and can continue for months or even years. Managing an estate typically takes between 6 and 24 months to complete, depending on complexity.
Here's what the role generally involves:
Arranging the funeral
As executor, you're responsible for making all funeral arrangements and covering the funeral expenses on behalf of the deceased person. These costs are reimbursed from the estate.
Obtaining the death certificate
You'll need certified copies of the death certificate to notify banks, government agencies, and other institutions.
Locating the will and notifying beneficiaries
You need to find the original will and contact all beneficiaries named in it. Beneficiaries have a right to know they are included in the estate.
Applying for a Grant of Probate through the Supreme Court
If the deceased held property, bank accounts, shares, or other significant assets, you will likely need to apply for a Grant of Probate from the Supreme Court of Queensland. It may also be necessary to apply in the Supreme Court if the estate involves assets across multiple states or jurisdictions. Probate confirms the will is valid and gives you the legal authority to deal with the legal processes involved in transferring assets to the rightful beneficiaries. Without it, many institutions won't release funds or allow any transfer of assets.
Collecting and managing the deceased's estate
You're responsible for identifying and collecting all assets belonging to the deceased person's estate. This includes real estate, bank accounts, superannuation (in some cases), shares, business interests, vehicles, and personal belongings. You'll need to keep accurate records of everything.
Paying debts and liabilities
Before distributing anything to beneficiaries, you must settle all debts owing, including loans, credit cards, bills, and any taxes owed by the deceased person. This includes any debts owing to government agencies or creditors that have accrued prior to the date of death. The executor is also responsible for managing the deceased person's income tax affairs with the Australian Tax Office, including lodging any outstanding tax returns.
Distributing the estate
Once debts are settled, you distribute the remaining assets to beneficiaries according to the will. It's generally recommended to wait at least six months from the date of death before making final distributions. This allows time for any claims against the estate to surface.
What Power Does an Executor Have in Australia?
An executor has broad authority to act on behalf of the deceased's estate. This includes selling property or shares, closing bank accounts, paying debts, and entering into agreements on behalf of the deceased's estate.
However, that power comes with accountability. The executor must act in the best interests of the estate and all beneficiaries, not just the ones they're closest to. They must keep proper accounts and provide beneficiaries with full information about the assets and money held by the deceased person.
Legal Proceedings & Personal Liability
Importantly, an executor can be personally liable for errors made during the administration process. If a claim is made against the estate, the executor is responsible for defending it during any legal proceedings. This is one of the main reasons it's advisable to seek advice from a wills lawyer throughout the process, even when there are no obvious disputes between beneficiaries.
Legal fees incurred in seeking that advice are generally paid from the estate, not out of the executor's own pocket.
Can a Beneficiary Also Be the Executor?
Yes. A beneficiary can be named as the executor of a will. This is actually quite common, particularly with spouses or adult children who are both inheriting from and administering the deceased person's estate.
There's no legal conflict in holding both roles, but it does require the executor to remain impartial and act in the interests of all beneficiaries of the deceased person, not just themselves.
Who Is the Best Person to Be an Executor?
Choosing the right executor of a will is one of the most important decisions you'll make when writing your own. There's no single right answer, but there are qualities worth looking for in the person you name as executor of a will.
A good executor should be:
Organised
The role involves managing significant paperwork, meeting deadlines, and coordinating with banks, government agencies, lawyers, and beneficiaries. It requires someone who can stay on top of detail.
Trustworthy
The executor will have access to sensitive financial information and must act honestly and impartially throughout the process. Integrity matters.
Financially and legally capable
They don't need to be a lawyer or accountant, but they should be comfortable seeking professional advice and following through on legal and financial obligations, including settling any debts owing and managing the deceased person's tax affairs.
Available
Administering an estate takes time. The executor needs to be in a position to commit to the process, which can span one to two years.
An executor must be over 18 years of age and of sound mind. They can be a family member, a close friend, or a professional such as a solicitor. It's also recommended to name at least one substitute executor in case your first choice is unable or unwilling to serve when the time comes.
It's worth reviewing your choice of executor periodically. Circumstances change, and the person you named ten years ago to handle the estate administration may no longer be the right fit.
A Checklist to Keep You on Track
If you're acting as executor and administering a deceased's estate, working through the following steps will help you stay organised:
- Obtain the death certificate and certified copies
- Locate the original will
- Notify banks, government agencies, and relevant institutions
- Identify and secure all assets of the estate
- Apply for a Grant of Probate if required
- Pay all outstanding debts and liabilities
- Lodge any outstanding tax returns with the ATO
- Keep detailed records of all transactions
- Distribute assets to beneficiaries according to the will
Get the Right Legal Services
Taking on the role of executor of a will is no small thing. It's a legal and financial responsibility that can stretch across months, sometimes years, and the decisions you make along the way have real consequences for the people you're acting on behalf of.
You don't have to figure it out alone. Seda Sanli at Airlie Legal works closely with executors across the Whitsundays to offer legal expertise through every stage of estate administration, from applying for probate to making the final distribution. Whatever stage of the process you're at, Airlie Legal can help you move forward confidently.
Call Seda today on
0421 422 482 or
enquire online for a no-obligation consultation.
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