An executor is a person or persons appointed under a will to deal with the estate of that person when they (the testator) dies and to ensure their wishes are carried out.

When choosing an executor, you should be sure that the person (there can be more than one) you nominate in your will is both prepared to be executor and has the ability to deal with the business matters which arise. It is a good idea to appoint 2 executors or alternate executors so that if one, for some reason, is not available, the other one can act.

In general terms, an executor's duty is to take charge of the deceased's assets and property, see that the funeral and administration expenses as well as any of the deceased’s debts and taxes are paid and then to distribute the remaining assets to the beneficiaries in accordance with the will.

The process normally starts with arranging the funeral and paying the funeral account and the next task is usually finding out and making a list of everything the deceased owned or was entitled to. The list could include a house, car, money, bank or building society accounts, furniture, household appliances, jewellery, boat, trailer, cavaran, shares and other investments, insurance policies, superannuation and unpaid employment entitlements.

You will then generally arrange to see your lawyer to discuss the next steps.

Depending on the size of the estate and the composition of the estate (if the bank accounts exceed say $20,000 or if there is any real property or land), application may have to be made to the Supreme Court of New South Wales for a Grant of Probate. Probate is an order of the court saying that the will is valid and that the executor has the right to administer the estate.

In relation to an estate where the deceaseddied without leaving a will, that person’s will cannot be located or there is some defect in a will such as the failure to appoint an executor, one of the eligible relatives or beneficiaries can apply for what is called Letters of Administration. The executor equivalent in relation to Letters of Administration is the Administrator.

The duties of an Administrator are the same as those for an executor however instead of distributing the net assets in accordance with the Will, the estate is divided according to the statutory formula prescribed by the Succession Act 2006 (NSW).

Contact us

We regularly assist and advise the executors or administrators of deceased estates in relation to the proper administration and distribution of the estate and if there is a need to obtain a Grant of Probate or Letters of Administration.

For free initial telephone advice in relation to the administration of a deceased’s estate or in relation to your own estate planning needs, please call one of our Estate and Estate Planning Lawyers on (02) 9525 8688.