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The Responsibilities of an Executor Explained

ByHannah McPherson

Being named as the executor of someone’s will is a significant responsibility. While it is often seen as an honour and a sign of trust, many people are surprised by the amount of work involved after a loved one passes away.

An executor is responsible for administering the deceased person’s estate, ensuring their wishes are carried out, and meeting a range of legal and financial obligations. Depending on the size and complexity of the estate, this process can take several months—or sometimes longer.

Understanding the role of an executor can help you prepare for what lies ahead and avoid common mistakes.

At Leeuwin Legal Collective, we assist executors throughout Busselton and the South West by providing practical legal advice and guidance during every stage of estate administration.

What Is an Executor?

An executor is the person appointed in a will to administer a deceased person’s estate.

Their role is to ensure the instructions contained in the will are carried out correctly and that the estate is managed according to Western Australian law.

An executor acts on behalf of the deceased and has legal responsibilities to the estate, its beneficiaries, and creditors.

Many people appoint:

  • Their spouse or partner
  • An adult child
  • A trusted family member
  • A close friend
  • A professional executor where appropriate

Choosing an executor is an important part of preparing a will, as they may be responsible for managing significant financial and legal matters.

Do You Have to Accept the Role?

No.

Being named as an executor does not mean you are legally required to act.

If you do not wish to take on the responsibility, you may be able to decline the appointment before administering the estate.

Common reasons someone may decline include:

  • Poor health
  • Living overseas
  • Family conflict
  • Time commitments
  • The complexity of the estate

If you are unsure whether to accept the role, obtaining legal advice early can help you understand your options.

What Does an Executor Actually Do?

The executor’s responsibilities begin after the person’s death and continue until the estate has been fully administered.

Although every estate is different, the role generally includes several important stages.

1. Locate the Original Will

One of the executor’s first responsibilities is locating the deceased’s original will.

The original signed document is usually required if probate needs to be obtained.

The executor should also determine whether there are any later versions of the will or related estate planning documents.

2. Arrange the Funeral (If Appropriate)

While funeral arrangements are often made by family members, the executor may become involved if the deceased left specific instructions in their will.

This might include:

  • Burial or cremation preferences
  • Funeral arrangements
  • Religious or cultural wishes

Although funeral costs are generally paid from the estate, the executor should keep records of all expenses.

3. Identify Estate Assets and Liabilities

The executor must identify everything the deceased owned and owed.

This may include:

Assets

  • Real estate
  • Bank accounts
  • Investments
  • Shares
  • Motor vehicles
  • Business interests
  • Superannuation (where applicable)
  • Personal belongings

Liabilities

  • Mortgages
  • Loans
  • Credit cards
  • Utility accounts
  • Tax obligations
  • Outstanding invoices

Preparing a complete picture of the estate is essential before assets can be distributed.

4. Determine Whether Probate Is Required

Not every estate requires probate.

The executor must determine whether financial institutions, land titles, or other organisations require a Grant of Probate before assets can be dealt with.

If probate is required, the executor is responsible for applying to the Supreme Court of Western Australia.

Many executors engage a lawyer to prepare the application and ensure all Court requirements are met.

5. Protect Estate Assets

Until the estate is distributed, the executor has a duty to protect its assets.

This may involve:

  • Securing vacant property
  • Maintaining insurance
  • Protecting valuables
  • Managing investments
  • Ensuring ongoing bills are paid where appropriate

The executor must act prudently to preserve the value of the estate.

6. Notify Relevant Organisations

The executor will usually need to notify various organisations of the death.

These may include:

  • Banks
  • Superannuation funds
  • Insurance companies
  • Government agencies
  • Utility providers
  • Share registries
  • Accountants
  • Financial advisers

Each organisation has its own requirements for releasing information or transferring assets.

7. Pay Debts and Expenses

Before distributing any inheritance, the executor must ensure the estate’s debts have been paid.

These may include:

  • Funeral expenses
  • Outstanding loans
  • Credit card balances
  • Tax liabilities
  • Legal expenses
  • Estate administration costs

Distributing assets before debts have been settled may expose the executor to personal liability.

8. Keep Accurate Records

Executors should maintain detailed records throughout the administration process.

This includes:

  • Bank statements
  • Receipts
  • Asset valuations
  • Correspondence
  • Financial transactions
  • Estate accounts

Clear records help demonstrate that the executor has fulfilled their legal obligations and can assist if questions arise later.

9. Communicate With Beneficiaries

Beneficiaries often want updates about the administration process.

Good communication can help:

  • Manage expectations
  • Reduce misunderstandings
  • Prevent unnecessary disputes
  • Keep beneficiaries informed of progress

While executors are not required to provide constant updates, clear communication is generally encouraged.

10. Distribute the Estate

Once:

  • Probate has been obtained (if required),
  • Assets have been collected,
  • Debts have been paid, and
  • Legal obligations have been satisfied,

the executor can distribute the estate according to the will.

This may involve:

  • Transferring property
  • Distributing funds
  • Delivering specific gifts
  • Finalising estate accounts

Care should be taken to ensure each beneficiary receives their correct entitlement.

An executor has a legal duty to act:

  • Honestly
  • In good faith
  • In the best interests of the estate
  • According to the terms of the will
  • In compliance with Western Australian law

Executors must avoid conflicts of interest and should never use estate assets for personal benefit unless authorised.

Can an Executor Be Personally Liable?

Yes.

An executor who fails to properly administer an estate may become personally liable in certain circumstances.

Examples include:

  • Distributing assets before debts are paid
  • Failing to protect estate assets
  • Mismanaging estate funds
  • Breaching legal duties
  • Ignoring Court requirements

While most executors act carefully, mistakes can have significant financial consequences.

Professional legal advice can help reduce these risks.

How Long Does Estate Administration Take?

Every estate is different.

The timeframe depends on factors such as:

  • Whether probate is required
  • The number of assets
  • Property sales
  • Tax matters
  • Beneficiary disputes
  • Estate complexity

Simple estates may be completed within several months, while larger or more complex estates can take considerably longer.

Should an Executor Use a Lawyer?

Although executors are not legally required to engage a lawyer, many choose to do so.

A lawyer can assist with:

  • Probate applications
  • Estate administration
  • Preparing legal documents
  • Communicating with the Court
  • Advising on executor duties
  • Resolving beneficiary disputes
  • Ensuring legal compliance

Professional guidance can save time, reduce stress, and help avoid costly mistakes.

Common Misunderstandings About Executors

Many people have misconceptions about the role.

For example:

  • An executor does not automatically inherit the estate. Their role is to administer it according to the will.
  • An executor cannot distribute assets immediately. Debts, taxes, and legal obligations must be addressed first.
  • An executor cannot ignore beneficiaries. They have a duty to administer the estate fairly and transparently.
  • Being a family member does not remove legal responsibilities. Executors must still comply with the law.

Understanding these responsibilities can help avoid confusion and conflict.

Acting as an executor can feel overwhelming, particularly while coping with the loss of a loved one.

At Leeuwin Legal Collective, we provide practical, compassionate advice to executors throughout the probate and estate administration process.

Whether you need assistance obtaining probate, understanding your legal responsibilities, communicating with beneficiaries, or finalising an estate, our team is here to guide you every step of the way.

Speak With a Wills & Estates Lawyer in Busselton

If you have been appointed as an executor and are unsure what to do next, you don’t have to manage the process alone.

Contact Leeuwin Legal Collective today to book your free 15-minute consultation and receive clear, practical guidance on probate, estate administration, and your responsibilities as an executor.

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