A member asked over 9 years ago

Executor duties

I have been appointed as the executor of an estate. What does this mean?

Val Antoff
Lawyer at Irdi Legal

This means that you have been named by the maker of the will as the person appointed to carry out the directions of the will.

The role of the executor is time consuming and very important. I have listed some of your duties and responsibilities as an executor:

  • Disposal of the body of the deceased
  • Pay debts of the estate - secured and unsecured liabilities
  • Distribution of the estate assets
  • Obtain the last will of the deceased and review its contents
  • Make arrangements for the funeral and pay funeral expenses
  • Inform the beneficiaries of the will of their entitlements and give them a copy of the will
  • Arrange for the care of the deceased’s pets
  • Place a notice in a newspaper about the death of the testator
  • Hold initial interview with beneficiaries
  • Inspect properties and take action to secure assets by changing locks on property and liaising with the relevant insurance companies
  • Contact financial institutions and determine holdings and liabilities
  • Advertise for creditors of the estate
  • Obtain the deceased’s death certificate
  • Obtain proof of identity of all beneficiaries
  • Obtain financial and accounting advice
  • Attend to searches of Australian share registries
  • Locate certificates of title
  • Compile a complete list of estate assets and liabilities
  • Apply for and obtain Grant of Probate
  • Bring in money from financial institutions
  • Sell real estate and other assets
  • Open an interest bearing account in the name of the estate
  • Invest funds in an interest bearing account
  • File Income tax returns up to the date of death
  • Finalise the deceased’s Centrelink or Department of Veterans Affairs pensions and entitlements up to date of death
  • Inform Medicare
  • Arrange transfer of or finalise final accounts for telephone, electricity, gas, and other relevant services
  • Finalise and process final refund of contributions to medical insurance funds
  • Advise relevant financial institutions to guard against unauthorised use of bank accounts
  • Establish Trusts if beneficiaries are under 18 years of age, mentally incapable, or if there are specific instructions in the will
  • Provide regular updates to beneficiaries
  • Work with beneficiaries to try to resolve disputes
  • Prepare legal defence to claims made against the estate
  • Confirm entitlements with beneficiaries
  • Lodge final estate tax return
  • Prepare statements of account.

Most likely, you would have been also appointed as a trustee under the will. The duties, powers and rights of trustees in Western Australia which I have listed next are governed by TheTrustee Act 1962(WA).


  • Duty to preserve and invest trust property
  • Duty to obey the terms of the Will
  • Duty to keep accounts and supply information
  • Duty to act impartially
  • Duty to pay correct beneficiaries
  • Power to delegate
  • Power of sale
  • Powers of management
  • Right to seek advice and directions of the court
  • Right of reimbursement and indemnity

A year or more is not an unusual time for some estates to be completely administered.The good news is that if you are discouraged by the daunting list of tasks, duties and responsibilities that come with your role as an executor you can retain a lawyer to assist you. The cost for such services will be covered from the assets of the estate.You are not bound to accept the office and may renounce (reject) the executorship role.

Answered over 9 years ago   Legal disclaimer

Kylie Maxwell Christine Smyth
2 lawyers agree with this answer and 1 member found this useful
Thank

Hire lawyers to solve your legal problem now. Learn more

Other Questions


If you're experiencing any technical problems, please email techsupport@lawadvisor.com.