What is an Executor and What Do They Do?

When a person passes away, everything they owned—their property, savings, personal belongings, and other assets—collectively forms what is known as their estate. This estate must be managed and eventually transferred to the people or organisations named in the deceased’s will. The individual appointed to handle this process is called the executor.

Definition of an Executor
An executor is a person (or sometimes more than one person) chosen by the will-maker to carry out the instructions written in the will. By accepting this responsibility, the executor acts as the deceased’s representative, ensuring that the estate is properly administered and that the beneficiaries receive what they are entitled to under the terms of the will.

Core Responsibilities of an Executor
While duties can vary depending on the size and complexity of the estate, as well as local laws, executors typically need to:

1. Locate the Will and Identify Beneficiaries:
   Ensure that the final, valid will is found and confirm who is set to inherit. This may involve notifying beneficiaries of their entitlements.
2. Secure and Value Assets:
   Identify all assets such as bank accounts, real estate, investments, and personal valuables. The executor must safeguard these assets until they are distributed, maintaining insurance, overseeing maintenance, or managing financial accounts as needed.
3. Obtain Legal Authority (If Required):
   In many cases, the executor must apply for a legal document called a grant of probate. Probate proves the will is valid and gives the executor the authority to deal with the estate’s assets. Without probate, banks and other institutions may not release funds or allow the transfer of property.
4. Settle Liabilities and Expenses:
   Before dividing the estate, the executor must pay all outstanding debts and expenses from estate funds. This includes loans, credit card bills, utility charges, and taxes. The executor also covers funeral expenses if the estate hasn’t already done so.
5. Distribute Assets to Beneficiaries:
   After debts and taxes are settled, the executor follows the instructions in the will to distribute what remains. This can mean transferring real estate titles, closing bank accounts, selling assets to create cash for equal distributions, or handing over personal items as specified.
6. Maintain Accurate Records:
   The executor must keep detailed accounts of everything they do on behalf of the estate. This includes records of debts paid, assets sold, and funds distributed. Beneficiaries may request a summary to ensure transparency.
7. Act Impartially and in Good Faith:
   Executors owe a duty of care to the estate and its beneficiaries. They cannot favour themselves (even if they are also beneficiaries) or make decisions based on personal interests. They must act honestly, manage the estate efficiently, and follow the will’s terms and the law.

Additional Duties and Considerations

• Communicating with Beneficiaries: Keeping beneficiaries informed about the estate’s progress helps maintain trust and manage expectations.
• Funeral Arrangements: If the will does not specify funeral wishes, the executor may decide on arrangements, using estate funds if needed.
• Resolving Disputes or Challenges: If the will is contested, or if disagreements arise among beneficiaries, the executor may need to seek legal advice, mediate issues, or follow court directives.
• Seeking Professional Help: Executors are not expected to be experts in law, finance, or property. They can (and often should) hire professionals—such as lawyers, accountants, valuers, or financial advisors—to help navigate complex tasks.

Liability and Accountability
Executors must fulfil their duties with reasonable care. They are legally accountable for their actions. If they act negligently or breach their obligations—such as failing to safeguard assets or distributing funds incorrectly—they can be held personally liable. Courts can require them to correct mistakes or compensate for losses to the estate or beneficiaries.

Can Executors Decline the Role?
Being an executor is voluntary. Someone named as executor can choose to step down before starting the process. If no one is willing or able to act, the court may appoint an administrator to handle the estate’s affairs.

An executor’s role is essential to ensuring a smooth transfer of the deceased’s assets to the rightful recipients. By acting with integrity, seeking professional guidance when necessary, and following the will’s instructions and legal requirements, the executor helps honour the deceased’s final wishes and maintain the trust of beneficiaries.