An executor is the person named in a will to carry out the deceased person's wishes. In Australia, that means finding the will, protecting the estate's assets, applying for probate if it's needed, paying the debts and tax, and then distributing what's left to the beneficiaries, keeping clear records the whole way through. For most estates it takes somewhere between six and eighteen months.
Just been named executor and not sure where to start? Get the free 20-minute video guide now and understand what future executors need to know before the time comes. The First-Time Executor’s Video Guide
Why this matters
Most people say yes to being an executor over a cup of tea, years before they're needed. They rarely ask what the job involves. Then, at one of the hardest moments of their life, they're handed a legal role with real responsibilities and, in some cases, personal liability if things go wrong. Knowing what the job actually involves helps you do it properly, pace yourself, and recognise when you need help.
The executor's role in plain English
You are the person responsible for the estate until it's finished. You're not the owner of the assets. You hold them on behalf of the beneficiaries, and you must act honestly, carefully and in their interests, not your own. The law calls this a fiduciary duty. In practice it means: be fair, be transparent, don't mix estate money with your own, and keep good records.
The seven main jobs of an executor
1. Find the will and confirm you're the executor
Locate the original will. It may be with a solicitor, a trustee company, the Public Trustee, or at home among the person's papers. Check it's the most recent version. A photocopy isn't usually enough to apply for probate.
2. Deal with the immediate practical matters
This includes making sure the funeral is arranged, getting the death certificate, securing the home and car, checking insurance stays current, caring for pets, and redirecting mail. You don't have to do all of this personally, but as executor you're responsible for making sure it happens.
3. Work out what the estate owns and owes
Make a list of every asset (property, bank accounts, shares, vehicles, personal belongings) and every liability (mortgages, credit cards, loans, bills, tax). Superannuation and jointly owned assets often sit outside the estate, but you still need to know about them.
4. Apply for probate, if it's needed
Probate is the Supreme Court's confirmation that the will is valid and that you have authority to deal with the estate. Whether you need it depends on what the estate holds. Real estate in the deceased's sole name almost always requires it; small bank balances sometimes don't.
5. Collect the assets and pay the debts
Once you have authority, you close accounts, collect money owed to the estate, and pay legitimate debts and expenses from estate funds. The order in which you pay matters, especially if money is tight.
6. Sort out tax
You'll usually need to lodge a final tax return for the deceased (the "date of death" return), catch up on any returns they didn't lodge, and possibly lodge returns for the estate itself while it earns income.
7. Distribute the estate and finalise accounts
Once debts, tax and any claim periods are dealt with, you distribute the assets according to the will. You keep a record of everything that came in and went out, and give beneficiaries a clear account of what happened.
Common mistakes executors make
• Distributing too early. Handing out money before debts, tax and claim periods are settled is the fastest way to become personally liable.
• Mixing estate money with your own. Always use a separate estate account.
• Not keeping records. Every receipt, every call, every decision. Keep them all. You may need to explain them later.
• Trying to do it all alone. Being an executor doesn't mean doing every task yourself. It means making sure each one gets done properly.
• Assuming the will covers everything. Super, life insurance and jointly owned property often don't follow the will at all.
Just been named executor and not sure where to start? Get the free 20-minute video guide now and understand what future executors need to know before the time comes The First-Time Executor’s Video Guide
Frequently asked questions
Can I say no to being an executor?
Yes. You can renounce (formally give up) the role, as long as you haven't already started administering the estate. Once you've begun dealing with the assets, it becomes much harder to step away.
Does the executor get paid?
Not automatically. An executor can be reimbursed for reasonable out-of-pocket expenses. Payment for time and effort (called executor's commission) is only allowed if the will provides for it, all the beneficiaries agree, or the court approves it.
Can an executor also be a beneficiary?
Yes, and it's very common. You just need to keep your two roles separate and act fairly towards all beneficiaries, not only yourself.
How long does an executor have to finish the job?
There's no fixed deadline, but executors are expected to act without unnecessary delay. By convention, an executor isn't expected to distribute the estate before 12 months after the death (known as the "executor's year"). Most estates take between six and eighteen months.
Just been named executor and not sure where to start? Get the free 20-minute video guide now and understand what future executors need to know before the time comes. The First-Time Executor’s Video Guide
This article is general information only and isn't legal, financial or tax advice. Estate law differs between states and territories. For advice about your situation, speak to a qualified professional.
