What Is an Executor? A Plain English Guide for Australians
Have a question about this? Ask the Guide → the chat widget at the bottom-right of this page can answer it. Reading time: 7 minutes | The Executor’s Guide — Plain English. Step by step. Written for the person who just found out.
You’ve just been told you’re the executor of someone’s will. Or you’re making a will and trying to decide who to name. Either way, the word gets used a lot without anyone explaining what it actually means in practice.
This is that explanation.
The Simple Definition
An executor is the person legally responsible for carrying out the instructions in a will after someone dies.
Their job is to collect everything the deceased owned, pay all debts, taxes, and expenses, and distribute what remains to the people named in the will. That’s it in three lines. The complexity comes in the doing.
Who Can Be an Executor in Australia?
In Australia, an executor must be an adult (18 or over), of sound mind at the time they’re acting, and willing and able to take on the role. There is no requirement to be a lawyer, an accountant, or a professional of any kind. Most executors are ordinary people — spouses, adult children, close friends — who have never done this before.
You can name more than one executor. You can name a substitute executor in case the first choice is unable to act. You can also name a professional trustee company (such as State Trustees, the Public Trustee in your state, or Australian Executor Trustees) if you prefer a professional to handle your estate.
What an Executor Actually Has to Do
The full list is longer than most people expect. Here’s what the executor role actually involves:
Locate and secure the estate. Find the will. Find all assets — bank accounts, investments, property, vehicles, super, life insurance, valuables. Secure the deceased’s home. Redirect mail.
Register the death. Obtain certified death certificates. In most cases, the funeral home handles the registration.
Apply for probate. In most cases, the executor must apply to the Supreme Court in the relevant state for a Grant of Probate — the formal legal authority to act as executor. Without it, banks won’t release funds and property can’t be transferred.
Notify relevant agencies. Centrelink, the ATO, Medicare, banks, super funds, utilities, insurers, the deceased’s employer if applicable.
Collect the assets. Close bank accounts, realise investments, arrange property valuations.
Pay all debts. Debts must be paid before any distribution to beneficiaries. This includes the ATO, credit cards, mortgages, personal loans, any outstanding bills.
Lodge tax returns. A final income tax return for the deceased (to the date of death), and potentially ongoing estate tax returns if the estate earns income during administration — speak with a tax agent to confirm your obligations as they depend on the estate’s circumstances.
Distribute the estate. Once debts and taxes are cleared, distribute assets to beneficiaries as set out in the will.
Keep records. Document every decision you make, every payment you receive and make, every asset you deal with. Beneficiaries are entitled to an account of how the estate was administered.
The whole process typically takes 6–12 months for a straightforward estate. Complex ones take longer.
The Executor’s Legal Exposure
This is the part most people don’t fully understand when they agree to be named. Executors are personally liable for mistakes. Specifically:
- If you distribute assets to beneficiaries before paying all debts, creditors can pursue you personally
- If you make investments with estate funds that generate losses, you may be liable
- If you miss tax obligations and the ATO has a valid claim that can’t be recovered from the estate, you may face personal liability
- Beneficiaries may be able to bring a claim against you for breach of executor duties for a period after distribution — the timeframe depends on the type of claim and varies by state. If you are uncertain about your exposure, seek legal advice before distributing
This liability is the reason good record-keeping matters so much, and why getting legal advice for anything complex isn’t optional.
Can You Refuse to Be an Executor?
Yes — but only if you haven’t yet started acting as executor. If you’ve been named but haven’t taken any steps to administer the estate, you can formally renounce the role by completing a Renunciation of Probate form approved by the court in your state — the form and process vary by state, and a legal practitioner should witness your signature. Act as early as possible, before taking any steps to manage the estate.
Once you’ve begun to act — even in small ways like contacting the bank or arranging the funeral — the court’s view is that you’ve accepted the role. If you want to renounce, do it early and do it formally.
Executor vs Administrator: The Difference
Executor — named in the will. Applies for Grant of Probate.
Administrator — appointed by the court when there is no will, or when there’s a will but no functioning executor. Applies for Letters of Administration.
The practical duties are almost identical. The legal pathway to getting authority differs.
The Executor’s Timeline
A realistic picture of the major milestones:
| Timeframe | What Happens |
|---|---|
| Week 1 | Death registered, funeral arranged, will located |
| Weeks 2–4 | Probate application prepared and lodged |
| Months 1–3 | Assets identified, accounts notified, super process initiated |
| Months 2–4 | Probate granted (if application is straightforward) |
| Months 3–6 | Debts paid, tax lodged, ATO clearance obtained |
| Months 6–12 | Distribution to beneficiaries, estate finalised |
Simple estates with no property, minimal assets, and cooperative beneficiaries can sometimes be concluded within six months, though timelines vary considerably depending on the circumstances. Don’t be surprised if it takes longer.
Getting the Free Checklist
The Executor’s First 48 Hours Checklist is a free, practical guide to the immediate steps after a death. If you’ve just been named executor and don’t know where to start, this is the place.
The Executor’s Guide provides general information about estate administration in Australia. It is not legal advice. For complex estates or disputed wills, seek advice from a qualified solicitor in your state.
Related guides
- What to Do When Someone Dies in Australia
- Executor Duties in Australia: The Complete Legal Guide
- Do I Need Probate? A Plain-English Guide
If you would rather not piece this together article by article, the Complete Executor’s Handbook walks through the whole estate from start to finish in one place.
Get the Complete Handbook (A$79)Or get the free checklist