The core responsibilities of both an executor and administrator are the same and may include (but are not limited to) the following duties:

• Finding the will and establishing its validity
• Arranging transportation of the body and the funeral
• Securing the deceased person’s property or other assets
• Obtaining a death certificate
• Determining the beneficiaries
• Ascertaining the deceased person’s assets and liabilities
• Assessing the value of the estate
• Applying for a grant of probate (if there is a will) or letters of administration (if there is no will) if required
• Calling in the assets which may include selling property, shares, or changing ownership
• Paying off the deceased person’s debts, taxes, and funeral expenses
• Acting as the first trustee for any testamentary trust to be established
• Distributing the assets according to the terms of the will or relevant laws
• Submitting reports in accordance with any legal requirements

Depending on the size and complexity of the estate, the duties of an executor can be time-consuming and require a level of patience and attention to detail during a time that is potentially highly emotional.

Being an executor is not a popularity contest and wherever possible we encourage will makers to make the decision based on the personality and skill set of the person who can best fulfil the role.

As an executor or administrator, you are responsible to hold money and other assets in trust before they are distributed to the beneficiaries.

In taking on this role you are legally required to:

• Always act in the best interest of the deceased estate
• Always act in good faith
• Never make decisions or act in a way that may present a conflict of interest

If the will nominates joint executors or does not differentiate primary or secondary executors (also referred to as substitute or alternative executors) the executors can agree to act jointly or authorise one of the executors to act on their behalf as if they were the sole executor nominated in the will.

If no will can be found and the family is unaware of a will having been written the person is considered to have died intestate.

We will work with you to ascertain who can be appointed administrator of the estate and apply for letters of administration from the court.

Whilst the term ‘next of kin’ is not defined by law in Australia the deceased person’s next of kin will likely be considered in this order of priority:

• The deceased person’s spouse
• Children over the age of 18
• Parents

Siblings over the age of 18

If you have been named in the will as executor or believe you’re the most senior next of kin who is most likely to be administering the estate, you do not have to take on the role.

It’s important to consider some of the following things before deciding if you wish to accept the role of executor or administrator:

• The will maker has nominated you based on their belief that you can administer their estate according to their wishes
• Deceased estate administration takes between six and 12 months to complete (depending on the complexity and size of the estate)
• A good relationship with the family of the deceased and beneficiaries will help make the estate administration process go more smoothly

If you don’t intend to continue as executor or administrator, it’s best not to start any administration duties - doing so may preclude you from renouncing your position as executor or administrator in the future. If you’re unsure please contact us for more information.

If you are unwilling or unable to act as executor, we will help you officially renounce your role by completing, signing, and filing the documentation to the Supreme Court and help manage the process of appointing an alternative executor.