Right. Let’s not sugarcoat it — being named executor of a will sounds like a nice honour at first. Kind of makes you feel trusted, respected… maybe even important.
But then reality kicks in. The forms. The phone calls. The family dramas. The legal stuff you’ve never heard of. Suddenly, it’s less of a pat on the back and more of a “here, you deal with this” kind of thing.
Sound familiar?
If you’ve just found out you’re the executor of someone’s will — or you’re thinking about who to appoint in your own — let’s break it down in plain English. No legal fluff. Just the stuff you actually need to know.
What Is an Executor, Anyway?
Okay, quick crash course.
When someone dies and they’ve left a will, the executor is the person responsible for making sure everything in that will actually happens.
Think of it like being in charge of someone’s estate after they’ve passed — sort of like their final project manager. You don’t get to make it up as you go along, though. You’ve got to follow the will, keep everything fair and legal, and deal with anyone who’s entitled to something from the estate.
The basics include:
Finding the will (you’d be surprised how many go missing)
Applying for probate — more on that in a sec
Gathering up assets — property, bank accounts, super, that sort of thing
Paying off any debts or taxes
Distributing the rest to whoever’s named in the will
Sounds alright in theory. But in practice? Things can get tricky, fast.
Wait — What’s Probate?
Ah yep. Here’s where most people hit their first “Huh?” moment.
Probate is basically a legal stamp from the court saying the will is valid and the executor is officially allowed to act on it.
You usually apply through the Supreme Court in your state or territory. And yep — it’s paperwork-heavy.
Now, not every estate needs probate. If it’s small and simple (no property, just a bit of cash), you might be able to skip it. But if there’s real estate or significant assets involved, you’ll almost always need it.
And no, you can’t just start handing stuff out to family before probate’s sorted. That’s how legal trouble starts.
Who Can Be an Executor?
Short version: just about anyone. As long as you’re over 18 and not legally incapable, you’re in the running.
Often, it’s a family member — partner, sibling, adult child. Other times, it’s a close friend. Or a solicitor. Or a combination of a few.
Now, having multiple executors? Bit of a mixed bag. Can be great if everyone gets along. Can also turn into a three-way tug-of-war over what to do next.
Oh, and if the person named as executor doesn’t want to do it? That’s fine too. You can formally step aside, and someone else (like a beneficiary or solicitor) can apply to take your place.
Can You Say No?
Yep. And honestly? Sometimes you should.
Let’s say the estate is messy. Big debts, unclear instructions, family members who haven’t spoken in years. If you’ve got a gut feeling it’s going to be a nightmare, you don’t have to put yourself through it.
Just make sure you make that decision early — before applying for probate or taking control of anything.
Because once you’ve started, you’ve got legal duties. It’s not just a role you can casually back out of.
Do Executors Get Paid?
They can, yep. But it’s not always straightforward.
If the will says, “Executor gets $5,000 for their trouble,” then done deal. But if there’s nothing in writing? You might have to apply to the court to get compensated — and that depends on how much work was involved.
It’s not a get-rich-quick scheme, put it that way.
More often than not, especially in family situations, executors don’t ask for payment. They do it out of respect, or obligation, or love. But that doesn’t mean you’re expected to wear all the costs out of pocket either — you can usually claim back things like legal fees or property valuations from the estate.
How Long Does It All Take?
Here’s the part no one likes to hear: there’s no quick version.
Even a straightforward estate can take 6 to 12 months to finalise. If things get messy — say, someone contests the will, or there’s a property to sell — you’re looking at longer. Sometimes much longer.
You’ll need to:
Wait for probate to be granted
Sell assets if needed
Finalise taxes
Distribute everything fairly
Keep a paper trail (seriously — document everything)
And you’ll be expected to keep the beneficiaries in the loop. People get edgy when they’re waiting on money or feel left out of decisions.
What If Someone Challenges the Will?
Ah, the dreaded will dispute.
This happens more than you’d think. A family member feels unfairly left out. Someone thinks the deceased wasn’t of sound mind when they wrote it. Or a newer version of the will shows up from the bottom of a drawer.
When that happens, your job as executor shifts. You’re not there to take sides. You’re meant to stay neutral, act in the best interests of the estate, and follow legal advice.
This is one of those moments where you absolutely want a probate lawyer on your team. Not just to protect the estate — but to protect yourself from accidentally doing the wrong thing.
The Emotional Side No One Talks About
Look, beyond the legal side, there’s a human cost.
You might be grieving the loss of someone close to you. At the same time, you’re expected to make big decisions, deal with banks, wrangle relatives, and play go-between when tensions rise.
That’s a lot.
It’s okay to feel overwhelmed. Most people do. Especially if it’s your first time dealing with this stuff.
Real Questions People Ask All the Time
“Do I need a lawyer to do this?”
Not always, but… most people end up needing one. Especially for probate applications or disputes.
“Can I start dealing with the assets straight away?”
Nope. Wait until probate is granted before touching anything — even bank accounts.
“What if I make a mistake?”
If it’s honest and minor, probably fine. But serious stuff-ups or misconduct? You could be personally liable. Yep, that means lawsuits.
“Do I have to involve Centrelink or the ATO?”
Usually, yes. You’ll need to lodge a final tax return and cancel any benefits or pensions.
“Can I be held responsible for the deceased’s debts?”
Only if you mismanage the estate. Otherwise, debts are paid from the estate itself.
Here’s the Wrap-Up
So, being an executor? It’s not just ticking boxes or signing papers. It’s emotional. It’s legal. It’s a bit of a rollercoaster, to be honest.
But it also matters. You're making sure someone’s last wishes are respected. That things are done properly. That their legacy — big or small — lands where it’s meant to.
Just don’t try to go it alone if it all feels a bit much.
If you need a steady hand and clear advice, talk to a wills and estates lawyer. They’ll walk you through it, help you avoid pitfalls, and make sure you’re not carrying the whole load yourself.
Want someone experienced and down-to-earth? That’s where Big Law comes in. They’ve helped heaps of Aussies sort through estates — and they’ll help you do it right, without the stress.
Legal Disclaimer
This article provides general information only. It’s not legal advice and shouldn't be relied on as such. For advice tailored to your situation, speak to a qualified wills and estates lawyer in your state or territory.
