The Role of an Executor and Their Duties

A practical guide: what an executor does, what to expect, and when to get help

Being named an executor is an important responsibility. Executors are the people appointed in a Will to administer a deceased person’s estate—collecting assets, paying debts and taxes, and distributing what remains to beneficiaries. This article summarises the key duties and common issues executors face.

General information only: This newsletter is intended as a general overview and does not constitute legal advice. Each estate administration is different, and executors should obtain advice tailored to their circumstances.

1. What is an executor?

An executor is the legal personal representative appointed under a Will. In broad terms, the executor “steps into the shoes” of the deceased to deal with their property and liabilities. Executors must act honestly, carefully and in the best interests of the estate (and ultimately the beneficiaries).

2. When does the role start and finish?

An executor’s authority comes from the Will, but in practice many third parties (banks, share registries and government agencies) will require a Grant of Probate before releasing assets. The role typically continues until the estate has been fully administered: assets collected, debts and taxes paid, accounts finalised and distributions completed.

3. Core executor duties (at a glance)

• Locate the original Will and confirm the executor appointment.
• Arrange the funeral if required (and manage payment from estate funds, where appropriate).
• Secure estate assets (real property, vehicles, valuables) and ensure insurance is maintained.
• Identify, value and gather assets (including bank accounts, shares, superannuation death benefits, and personal items).
• Identify and pay the deceased’s debts and estate expenses.
• Attend to taxation matters (final individual return and, where relevant, estate tax matters).
• Apply for Probate (where needed) and comply with court requirements.
• Keep proper records, prepare estate accounts and provide information to beneficiaries.
• Distribute the estate in accordance with the Will (or the laws of intestacy if there is no valid Will).

4. Key legal duties and standards

Act in the interests of the estate: Executors owe fiduciary duties. That means acting for the proper purposes of the administration and not for personal gain (other than authorised executor commissions or reimbursement of reasonable expenses).

Act impartially between beneficiaries: Where there is more than one beneficiary, an executor must not favour one over another unless the Will requires it. Extra care is needed where the executor is also a beneficiary.

Act with due care and keep records: Executors should administer the estate competently, make prudent decisions, keep clear written records, and retain supporting documents (bank statements, receipts, valuations, and correspondence). Good record-keeping also helps if a beneficiary later queries the administration.

Follow the Will and comply with legal requirements: Executors must give effect to the Will as written (so far as it is valid), follow probate court processes where required, and ensure debts and taxes are properly dealt with before distributing to beneficiaries.

5. Typical estate administration steps

1. Immediate tasks: locate the Will, notify close family, secure property, and arrange insurance.
2. Information gathering: compile a list of assets and liabilities; obtain date-of-death balances and valuations.
3. Probate decision: determine whether Probate is required (often depends on asset types and values).
4. Probate application (if needed): prepare court documents, publish required notices, and file the application.
5. Collect and realise assets: close or transfer accounts, sell assets where appropriate, and attend to transfers (e.g., real property).
6. Pay debts and expenses: including funeral expenses, outstanding bills, and administration costs.
7. Tax: attend to the deceased’s final tax return and any estate taxation matters.
8. Account and distribute: prepare estate accounts and distribute to beneficiaries once it is safe to do so.

6. Common issues and pitfalls

• Not all assets are controlled by the Will: superannuation death benefits, jointly owned property, and assets held in trusts or companies may pass outside the estate, depending on the structure and nominations.
• Family provision / estate challenge risk: in some cases, eligible persons may bring a claim that the Will did not make adequate provision. Distributing too early can create personal risk for an executor.
• Missing information: unknown bank accounts, online accounts, crypto-assets, and undocumented loans can delay administration.
• Beneficiary disagreements: disputes over personal items, sale of a family home, or differing expectations about timing are common.
• Insolvent estates: if liabilities exceed assets, special care is required to avoid paying the wrong creditor or making an improper distribution.

7. Can an executor be paid or reimbursed?

Executors are generally entitled to be reimbursed from the estate for reasonable out-of-pocket expenses properly incurred in administering the estate (for example, probate filing fees, death certificate fees, postage, and insurance). Executor commission is a separate issue and may be payable if authorised by the Will, agreed by all beneficiaries, or approved by the court. Whether commission is appropriate depends on the work performed and the circumstances of the estate.

8. When executors should seek legal advice

• The Will is unclear, appears invalid, or there are multiple Wills/codicils.
• There is conflict between beneficiaries or an anticipated challenge to the estate.
• The estate includes complex assets (business interests, trusts, foreign assets, significant superannuation, or complicated tax positions).
• The executor is unsure whether Probate is required or how to prepare the application.
• The estate may be insolvent or close to insolvent.
• Beneficiaries request information and the executor wants to ensure reporting is appropriate and complete.

9. Final thoughts

Most estates can be administered smoothly with careful planning, good records, and clear communication. If you have been appointed as an executor (or are considering who to appoint), obtaining early advice can reduce delays and help manage risk. If you would like assistance with Probate or estate administration, please contact us on 07 4417 4417 or jarrad@mobbsmarr.com.au or sarah@mobbsmarr.com.au