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Choosing an executor

Your executor is the person who carries out your Will. They handle everything from applying for probate to distributing your assets and settling your debts. It’s one of the most consequential appointments in your Will.

Australian law · 7 min read

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What an executor actually does

An executor’s job begins at death and ends when the estate is fully distributed - a process that often takes several months for straightforward estates and can take considerably longer for complex ones.

The core tasks include: registering the death, locating the original Will, applying for a grant of probate, notifying banks and institutions, identifying all assets and liabilities, paying outstanding debts and taxes, and distributing what remains to beneficiaries according to your instructions.

Along the way, an executor may need to manage property, deal with a business interest, handle family disagreements, and make judgment calls where your Will is ambiguous. They act in a fiduciary capacity - legally bound to prioritise the interests of the estate and its beneficiaries, not their own.

An executor who mismanages an estate - delays distribution without good reason, favours some beneficiaries over others, or fails to pay outstanding debts before distributing assets - can be held personally liable.

What to look for in an executor

There is no legal requirement to appoint a solicitor or financial professional. Most people appoint a trusted family member or close friend. What matters is not their background but their qualities.

Trustworthiness

Your executor will have full access to your estate and financial information. The most important quality is someone your beneficiaries also trust - not just you.

Organisational ability

Estate administration involves paperwork, deadlines, correspondence with institutions, and sometimes contested beneficiaries. A capable executor keeps things moving.

Availability

Consider whether the person you have in mind has the time and mental bandwidth for this. Administering an estate on top of full-time work and family commitments is demanding. Many people appoint someone slightly older and established rather than a friend at the same life stage.

Impartiality

If your executor is also a beneficiary - common when a spouse or sibling is appointed - they must still act in the interests of all beneficiaries equally. This can be difficult in practice when family relationships are strained.

Willingness

Ask them before you appoint them. An executor can renounce the role after your death, but it creates delay and complications. Someone who has agreed in advance and understands broadly what is involved is far better prepared.

Can you appoint more than one executor?

Yes. You can name co-executors who act jointly, or an alternate executor who steps in if your first choice is unable or unwilling to act. Both are worth considering.

Co-executors must agree on decisions, which can slow things down if they disagree. Naming one primary executor and one alternate is often simpler. The alternate takes over automatically if the first is deceased, incapacitated, or formally renounces the role.

Personal executor vs professional executor

Some people appoint a professional - a solicitor or trustee company - as their executor, either as the primary appointee or alongside a family member.

A professional executor brings experience, impartiality, and no emotional involvement. They are useful when family relationships are complicated, when the estate is large or complex, or when there is no obvious personal candidate. The cost is typically charged against the estate - often between 1% and 3% of the estate’s value plus hourly rates.

A personal executor pays no fee (though they are entitled to claim reasonable out-of-pocket expenses) and often has better practical knowledge of your family and intentions. The tradeoff is that they may lack experience in probate procedures and be more affected emotionally by the process.

Many estates are best served by a personal executor supported by a solicitor engaged to handle the probate application - combining trust with expertise without committing to full professional executor fees.

The conversation you need to have

Naming someone as your executor without telling them is a poor plan. Beyond common courtesy, an unprepared executor may not know where your Will is, what your assets are, or who your beneficiaries are - information that becomes urgently needed at an already difficult time.

A straightforward conversation is all it takes: tell them you’ve named them, where your Will is kept, and broadly what your estate looks like. You don’t need to share every detail. A brief conversation now prevents months of confusion later.

Related guides

What makes a Will legally valid →Choosing your beneficiaries →What happens after someone dies →

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Heirloom guides you through appointing an executor and alternate as part of your Will questionnaire.

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