What duties apply to an executor?
We assist many people to prepare their wills, as well as helping executors to manage estates. A common question we get is “what duties apply to an executor?” To keep you safe, we outline here the key duties you should be aware of.
What is an executor?
- An executor is the person a will-maker appoints to carry out their Will when they die.
- An administrator is the person appointed by a court to administer a deceased person’s estate (usually where the person died without making a will, this is called dying “intestate”).
- This article primarily focuses on executors, but the general duties and comments about resolving Estate disputes will be of equal relevance to administrators.
What are the responsibilities of an executor?
After an executor has been appointed, all property of the deceased will immediately come under the legal ownership of the executor (on behalf of the Estate).
The duties of an executor include:
- To gather in all of the deceased’s assets;
- To bury the deceased and pay for funeral expenses out of the Estate’s assets;
- To pay any debts owed by the will-maker; and
- To distribute the remaining assets in accordance with the will or intestacy laws.
In all of your actions as an executor, you owe duties to the beneficiaries of the Estate to act in their interests, rather than your own. An executor must also act even-handedly or fairly between the beneficiaries.
We have assisted many people to manage their responsibilities as executors and are happy to talk with you about how we could help you.
This article is general in nature and is not a substitute for legal advice. You should talk to a lawyer about your specific situation. Reproduction is permitted with prior approval and credit being given back to the source.
