What is an executor?
An executor is someone you legally designate to administer your estate after you pass away. They must act as a fiduciary — meaning they are required to prioritise the estate's interests over their own personal concerns. This may include defending against creditor claims and ensuring that every beneficiary is treated fairly.
An executor only gains authority to manage and distribute your estate after your death. Until then, the appointment carries no legal power.
How to choose the right executor
When selecting an executor, consider the following qualities:
- Trustworthiness — You trust them to follow your instructions faithfully
- Fairness — They will treat all beneficiaries equitably
- Organisation — They are organised, financially competent, and detail-oriented
- Willingness — They are prepared to invest the time required in estate settlement
Suitable candidates include family members, trusted friends, your spouse, or professional services such as lawyers. We strongly recommend naming a backup executor in case your first choice is unable or unwilling to serve.
What does an executor do?
Your executor takes on a range of responsibilities after your passing, including:
- Arranging funeral and burial proceedings
- Obtaining a probate court order (Grant of Probate)
- Locating and securing all assets
- Paying outstanding debts, bills, and taxes
- Maintaining property and other assets during settlement
- Distributing inherited assets to the named beneficiaries
Frequently asked questions
Does the executor get paid?
Executors typically receive no compensation unless it is specifically stated in the will. However, out-of-pocket expenses incurred during estate administration can usually be reimbursed from the estate.
Can the executor hire a lawyer?
Yes. Hiring legal assistance is optional, but any legal fees can be funded through the estate's assets if needed.
What if my executor can't serve?
A named executor can decline the role — which is exactly why naming a backup executor is so important. Without one, the court may need to appoint an administrator, which can delay estate settlement significantly.
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