So you've been named in someone's will, they've died, and now you're left trying to figure out how to be a great executor - even if you didn't really want the job.
First things first: sorry for your loss. Second: yep, this is a big job. Third: if things are already feeling pretty complicated, you're not alone.
At Your Estate Lawyer we like to think of executors as the unsung heroes of the inheritance world. You've been handed a job that requires diplomacy, time, a love of paperwork, patience, and nerves of steel - especially if you're dealing with a sibling who believes your mum promised them everything over Christmas lunch in 2007.
Let's take a moment to talk about how to be a great executor, even if things are, well.... a little bit messy.
Step 1: Understand What an Executor Does
Being an executor is a legal role, not just an honorary mention in someone's will.
Your job includes (but is not limited to):
- Arranging a funeral or cremation of the deceased.
- Locating and safeguarding the deceased's assets.
- Applying for probate (if required).
- Arranging the sale of the deceased's house, and/or other assets (if relevant).
- Preparing a tax return on behalf of the deceased.
- Cancelling services and notifying authorities and organisations of the death.
- Distributing the estate according to the will.
- Locating and communicating with beneficiaries.
- Keeping records and receipts.
Sounds simple? Often it's not.
Step 2: Find the Will and Read It (Like, Really Read It)
You'd be amazed how many dramas start because an executor didn't actually read the will.
I get it, all that legalese can make reading a will feel like reading War and Peace, in Russian. Which is why it's important to not just read but understand exactly what the will is asking you to do so you understand:
- The deceased's funeral wishes.
- Who the beneficiaries are.
- What people are entitled to.
- Specific guidelines for gifts and donations.
- If there are any people who need to be protected.
- Any warning signs that someone may dispute the will.
This is where having a lawyer on your team is very helpful.
Step 3: Brace for Family Fireworks
In theory, everyone gathers peacefully, grateful for the deceased's careful planning. In reality? As the executor, you might be facing:
- Disappointed beneficiaries.
- Long-lost relatives suddenly appearing.
- Questions about mental capacity.
- One sibling who swears they have inside intel into exactly what mum or dad wanted.
- Beneficiaries who have been unfairly left out.
- Differing points of view to who is more worthy to receive gifts.
- Assets that no longer exist.
- Mess and chaos.
- Beneficiaries that can't be found (or who have died).
- Instructions that made sense at the time the will was made, but no longer serve the intention of the will maker.
As executor, your job isn't to referee every argument or act as the family therapist. It's your responsibility to seek legal advice and make decisions that benefit all beneficiaries while honouring the wishes of the deceased.
Step 4: Apply for Probate
If the estate includes real estate, shares, bank accounts over a certain value and/or a nursing home RAD you will need to work with a lawyer of your choice (it doesn't have to be the will makers lawyer) to apply for a grant of probate, which is a court order confirming the will is valid and you are authorised to administer the estate as per the terms of the will.
In South Australia you will need the following documents to apply for a grant of probate:
- An original death certificate
- The original will
- An inventory and statement of assets and liabilities
- A glass of wine (kidding... kind of)
Top tip: the paperwork completed for a grant of probate must be precise. A missed signature or incorrectly valued asset can delay everything by weeks or months.
Step 5: Deal With Debt First
It's not unusual for executors to head to the bank or the dead person's house and start handing out gifts like it's Christmas, not realising that before any assets are distributed to beneficiaries, all debts owing by the estate must be paid first.
As the executor, if you discover the deceased had a surprise credit card, outstanding tax returns, a stack of unpaid phone bills, or a mystery subscription to "Fish Tank Monthly" but have already handed out all the loot, you could be held personally liable for unpaid debts.
Before you pay beneficiaries, you need to:
- Notify creditors
- Settle debts in order of legal priority
- Check whether the estate is solvent or insolvent
- Consider publishing a notice of your intention to distribute the estate
Step 6: Know When to Ask Questions
You may have been an executor before, perhaps someone you know has been an executor and has told you they'll "walk you through the process", maybe you think it's as easy as handing out the inheritance to the people named in the will.
Some wills are super simple but most aren't. Nobody is handing out gold stars if you Google legal advice instead of asking a real proper lawyer to help you.
Here's when you should absolutely call us (or another lawyer of your choice):
- The will is missing or unclear
- There's a risk the estate is insolvent
- Someone is threatening to contest
- There are complex assets like trusts, companies, or overseas property
- You are in the middle of family conflict
- You feel like you're drowning in paperwork
Getting advice early from an estate lawyer can save you time, stress, and avoid costly mistakes.
Bonus: What NOT to Do as an Executor
- Don't treat the estate like your personal piggy bank
- Don't distribute to yourself before other beneficiaries, even if you're pretty sure your mum wanted you to have everything
- Don't give out heirlooms or other sentimental items without documenting them
- Don't delay acting for months
- Don't forget to document everything and keep receipts
- Don't make things up
- Don't be afraid to seek legal advice early
Being an executor isn't easy, especially when there's conflict, confusion, or a few skeletons in the family closet. Your job is to keep a clear head and lead the decision-making.
Need help? Make a time to have an obligation-free chat with Fiona about your job as an executor and ways we can help make the job less stressful for you.
You can find additional resources about being the executor of a deceased estate at the links below