Being named executor is an honour — but it is also a legal responsibility with real obligations and potential personal liability. This guide explains what you need to do, in the right order.
An executor is appointed by the deceased in their will to carry out their wishes and settle their estate. It's one of the most significant roles one person can ask of another — and it comes with genuine legal obligations, a potential for personal liability, and more complexity than most people expect.
Yes — before you have started to act (before you have "intermeddled" with the estate). You can renounce your role by signing a renunciation document and filing it with the Supreme Court. Once you've started acting — attending to estate affairs, accessing accounts, giving instructions — you generally cannot simply walk away. Seek legal advice if this applies to you.
An executor who is also a beneficiary does not typically charge a fee. A professional executor (solicitor or state trustee company) will charge — typically a percentage of the estate. A non-beneficiary executor may apply to the court for commission — usually 1–3% of the estate value — to be paid from estate funds. The will may also specify an executor's fee.
An executor administers the estate of someone who has died. Their duties include: locating and proving the will, arranging the funeral, identifying and protecting assets, paying debts and taxes, applying for probate (if required), and distributing the estate to beneficiaries according to the will.
Yes — it is very common and generally creates no legal problem. The key duty is to treat all beneficiaries fairly, including yourself. An executor who is also a beneficiary cannot give themselves preferential treatment or information that others don't receive.
Yes — but only before you have started acting. To formally renounce, you sign a renunciation document and file it with the Supreme Court. Once you have begun acting (attending to estate affairs), renunciation is generally no longer available. If the sole executor renounces, someone else must apply for letters of administration.
Yes. An executor who distributes assets before paying all estate debts can be personally liable to creditors. Executors can also be sued by beneficiaries for failing to act reasonably, allowing assets to depreciate, missing tax deadlines, or improperly distributing the estate. Taking proper care — and good records — is essential.
There is no fixed statutory deadline, but executors have a duty to act with reasonable promptness. Beneficiaries can apply to court to compel action if the executor is unreasonably slow. Most Australian estates are finalised within 12 months of the death.
No — there is no legal requirement to engage a solicitor. Simple estates can be administered without one. However, for complex estates involving property, business interests, disputes, or unclear will provisions, a solicitor's guidance significantly reduces your personal risk.