Who Should Be Your Executor
Choosing your executor can feel like one of those jobs you give to someone simply because they're your partner, your oldest child, or the person you've known the longest.
While being someone’s executor can be an honour, it is also a responsibility that comes with a significant amount of work and responsibility. Who you nominate for that role needs more thought than just who’s the most senior person in your life.
Your executor is the person you appoint in your Will to administer your estate after you die.
They may need to locate your Will, identify your assets and debts, deal with banks, other organisations and professionals (like lawyers and accountants), arrange the payment of debts and expenses, obtain Probate if required, deal with your beneficiaries, and distribute your estate according to your Will.
It's a substantial responsibility.
So, who should you choose?
The short answer is: someone you trust who is capable, organised, available and able to deal with the practical and emotional demands of administering your estate.
Quick Answer
Your executor should be someone you trust to carry out your wishes and deal with your estate responsibly.
You might choose:
your spouse or partner
an adult child
another family member
a trusted friend
more than one person to act jointly
a professional executor or trustee company.
The best choice depends on your circumstances.
For a straightforward estate, a trusted family member may be perfectly appropriate.
For a more complicated estate, you may prefer someone with experience administering estates or appoint a professional to act alongside someone you trust.
What Does an Executor Actually Do?
An executor is responsible for administering your estate after your death. Depending on your circumstances, your executor may need to:
Locate your original Will.
Arrange your body disposal (eg. burial or cremation) and funeral (or other service, such as a celebration of life), and deal with immediate practical matters.
Identify your assets and liabilities.
Notify banks, insurers, superannuation funds, and other organisations.
Protect and insure estate assets.
Determine whether Probate is required.
Apply for a Grant of Probate where necessary.
Collect and deal with estate assets.
Obtain valuations for assets, if required.
Pay your debts and estate expenses.
Deal with any tax or accounting requirements.
Communicate with beneficiaries.
Establish or administer any trusts created by your Will.
Distribute the estate in accordance with your Will.
The exact work involved varies considerably from estate to estate, as does the time it takes to fully administer the estate.
A simple estate might be relatively straightforward. An estate involving a family business, multiple properties, trusts, investments, or overseas assets can require considerably more administration.
Many people are surprised to learn that even a straightforward estate can take 12 to 18 months to fully administer.
This timeframe is often referred to as the “executor’s year”, which recognises that often estate administration is completed within approximately 12 months from the date of death, provided there are no complications or delays outside their control. More complex estates can take much longer than this, sometimes lasting many years.
Learn more about estate administration timelines here.
Does Your Executor Need to Be a Lawyer?
No. Your executor does not need to be a lawyer, accountant, or financial professional.
Generally, it is appropriate for your executor to engage professionals to help with parts of the estate administration. For example, they may engage:
a solicitor
an accountant
a financial adviser
a real estate agent
an investment professional.
Generally, the fees and costs of those professionals are paid for from the estate, not by the executor personally.
The executor does not need to know how to do everything themselves. They should be someone you trust to make decisions and seek professional help when it is needed.
Can Your Spouse Be Your Executor?
Yes. Your spouse or partner can be your executor, and for many people this is an appropriate choice.
There are practical reasons to appoint your spouse. They may know your finances, understand your family circumstances, and already be involved in managing your household assets.
There are also situations where another choice may be worth considering.
For example, if your spouse is elderly, has health or capacity concerns, is likely to be overwhelmed by the administration, or may be a beneficiary in a particularly complex family arrangement, another executor might be more appropriate.
The important question is whether they are the right person for the job in your particular circumstances.
Can Your Child Be Your Executor?
Yes, provided they are an appropriate person to take on the role.
Many parents choose an adult child as their executor. This can work well where the child is:
responsible
organised
likely to be available
comfortable dealing with paperwork
able to communicate with other beneficiaries.
You don't need to appoint your eldest child simply because they're your eldest child. You also don't need to appoint all of your children as executors to make things "fair". In fact, this is one area where we often see conflict arise. Where all adult children are appointed as executors, they may all need to agree on decisions about the estate and work together throughout the administration. If they have different personalities, live in different places, have different views about how the estate should be handled, or don't have a great relationship with each other, this can make an already difficult time much harder.
The role should be given to the person or people who are best placed to administer your estate.
Can Your Executor Also Be a Beneficiary?
Yes. Your executor can also inherit from your estate. This is extremely common.
For example, you might appoint your spouse as your executor and leave your estate to your spouse. Or you might appoint one of your adult children as executor while your children share equally in your estate.
Being both an executor and beneficiary does not, by itself, prevent someone from acting as your executor. There are circumstances where an executor may have to manage competing interests, particularly in a complex or disputed estate. That's something to consider when choosing your executor.
Should You Appoint More Than One Executor?
You can appoint more than one executor to act at the same time. This is often called appointing executors jointly.
For example, you might appoint your two adult children to act together. There can be good reasons for doing this. You might want:
two people to share the responsibility
more than one person that understands the family circumstances
continuity if one person can't act.
There are also practical considerations. If two executors are required to act jointly, both may need to sign documents and agree on decisions. If they disagree, administration can become difficult or unworkable. In those circumstances, the executors may have to go to Court to determine who can act moving forward. This can create conflict and more costs for the estate.
That means appointing multiple people simply to keep everyone happy isn't always the best solution. Your Will should be drafted to deal with what happens if one executor cannot or will not act.
What If Your Executor Dies Before You?
This is one of the reasons your Will should include appropriate backup provisions.
You might appoint, for example:
Primary executor: your spouse
First substitute executor: your sister
Second substitute executor: your best friend
If your spouse is unable to act for any reason then your sister as the substitute executor can step in, depending on the terms of your Will and the circumstances.
There are many reasons why your first or second appointed person may be unable to act. They may die before you, have lost capacity, feel overwhelmed, have moved away, or are in a busy phase of life where they can’t take on the extra responsibility of estate administration.
Your Will should therefore anticipate those possibilities and have backup provisions included.
Should You Appoint a Professional Executor?
For some estates, appointing a professional executor or trustee company can make sense.
Often this is considered in estates where there is a high level of conflict, significant and complex wealth structures, and vulnerable beneficiaries.
A professional executor can provide independence and experience in estate administration. There are fees associated with professional administration, so it's important to consider whether the additional cost is justified by your circumstances.
What About a Family Member and a Professional Acting Together?
This is an option and whether it is right for you will depend on your circumstances.
For example, you might appoint your adult child and a professional executor. This can give your family a person they know and trust while bringing professional experience to the administration of the estate.
It can be particularly useful where the estate is complicated or there is a risk of disagreement between beneficiaries. The appropriate structure depends on the estate and the terms of the Will.
How Do You Choose the Right Executor?
Here are some questions for you to consider:
Do I trust them?
This is the starting point. Your executor will have significant responsibility for your estate. You need to trust them to act properly, impartially, and follow your Will.
Are they organised?
Estate administration involves paperwork, deadlines, correspondence, financial information, and record keeping.
Someone who lives life very much by the seat of their pants, avoids paperwork, and leaves the bills and admin to someone else may not be your ideal executor.
Are they financially responsible?
Your executor may need to deal with significant sums of money. They should be comfortable managing financial information and making sensible decisions.
Can they communicate well?
Your executor may need to communicate with:
beneficiaries
lawyers
accountants
banks
superannuation funds
insurers
government agencies
real estate agents.
Good communication can make estate administration considerably easier.
Can they make difficult decisions?
Estate administration doesn't always involve easy decisions.
Your executor may need to deal with disagreements between beneficiaries, unpaid debts, property sales, and competing expectations. Choose someone who can remain calm and practical when things become difficult.
Are they likely to outlive you?
This sounds obvious, but it's worth considering.
If your executor is significantly older than you, it may make sense to appoint a younger substitute executor as well. Your Will should have a plan for what happens if your nominated executor can't act.
Do they live nearby?
Your executor doesn't necessarily need to live in Queensland.
However, location can affect how easily they can deal with property, documents, and other practical matters.
If your executor lives overseas, think carefully about whether they are realistically positioned to administer your estate. If your executor is living overseas this also has potential to trigger some additional taxation considerations – you need legal advice on this as part of your estate planning and should be considered for your circumstances.
What If Your Family Is Complicated?
This is where executor selection becomes particularly important.
You might have:
blended family
an estranged family member
family members who don't get along
unequal inheritances
a family business.
In these circumstances, choosing an executor purely because they're family may create difficulties. An independent executor can sometimes help.
For example, if you leave different assets to different children, appointing one child as executor could place them in a difficult position. An independent person may be better placed to administer the estate objectively.
What If Nobody Is Suitable?
You don't have to choose a family member. You can consider appointing a friend, professional executor, or trustee company.
Speak with your estate planning lawyer about the options available for your particular circumstances. The important thing is to have someone you trust and capable of stepping into the role.
What Makes a Bad Executor?
There isn't a universal list, but think carefully before appointing someone who:
is unreliable
struggles with financial management
is likely to ignore paperwork
has conflict with your beneficiaries
is likely to put their own interests first
is unable or unwilling to make decisions
is likely to be overwhelmed by the responsibility
lives in circumstances that make administration impractical
is unlikely to be able to act when required.
Being the person you love most doesn't automatically make someone the best executor. The role requires a particular set of qualities.
Can You Change Your Executor Later?
Yes. Your circumstances can change, and your choice of executor should be reviewed from time to time.
For example, you might want to change your executor after:
a separation or divorce
the death of your nominated executor
a falling-out with your executor
the birth of children
your children becoming adults
a significant change in your assets or liabilities
moving interstate or overseas
establishing a business or trust
a significant change to your family circumstances.
Your estate plan should keep pace with your life.
Executor vs Beneficiary: What's the Difference?
These two roles are often confused.
An executor administers your estate. A beneficiary receives a benefit from your estate.
One person can be both. For example:
You appoint your daughter as your executor and leave your estate equally between your daughter and your son.
Your daughter has two roles. She is responsible for administering the estate as executor, and she is also entitled to receive her inheritance as a beneficiary.
Those roles are legally different, even when the same person holds both.
What Happens If Your Executor Doesn't Want to Act?
Being named as executor doesn't necessarily mean the person must take on the role.
A nominated executor may decide they don't want to act. There are legal processes available where an executor does not wish to act.
This is another reason to have appropriate substitute arrangements in your Will.
A Simple Executor Checklist
When choosing your executor, ask:
☐ Do I trust them?
☐ Are they responsible with money?
☐ Are they organised?
☐ Can they communicate well?
☐ Can they handle difficult conversations?
☐ Are they likely to be available when needed?
☐ Can they remain impartial where necessary?
☐ Do I have a backup executor?
☐ Have I told them I've appointed them?
We recommend speaking with anyone you’re considering appointing as your executor before you finalise your Will. This gives them the opportunity to decide whether they’re willing to take on the role and means you can make another choice if they’re not. You might tell them that you’re considering appointing them as one of your executors, without necessarily telling them where they sit in the order of priority. You don’t need to show them your finalised Will or tell them how you’re planning to distribute your estate. It is important, however, that anyone you have appointed as an executor knows that they have been appointed and knows where to find your original Will and any other estate planning documents that will be relevant after your death.
Frequently Asked Questions
Who should I choose as my executor?
Choose someone you trust who is responsible, organised, capable of managing financial and legal matters, and able to deal with potentially difficult family circumstances.
Can my spouse be my executor?
Yes. A spouse or de facto partner can be appointed as executor, and this is a common choice.
Can my child be my executor?
Yes. An adult child (18 years of age or over) can be appointed as executor if they are suitable for the role.
Can my executor also be a beneficiary?
Yes. Your executor can also receive an inheritance under your Will.
Can I have two executors?
Yes. You can appoint up to four executors to act at the same time. Consider whether they are likely to work well together, because joint administration can require them to make decisions together and work together amicably.
Does my executor need to be a lawyer?
No. An executor can be a trusted individual. They can engage lawyers, accountants, and other professionals to assist with estate administration.
What happens if my executor dies before me?
Your Will should nominate an appropriate substitute executor. If your nominated executor cannot act, the legal process for administering your estate will depend on the circumstances and the terms of your Will.
Can I appoint a professional executor?
Yes. Depending on your circumstances, you may appoint a professional executor or trustee company. Be aware this generally means your estate must pay the fees of that professional to act as executor.
The Bottom Line
Your executor is the person who will step into your shoes and deal with your estate after you die.
Choose someone you trust. Choose someone who can handle paperwork, money, decisions and difficult conversations. Choose someone who is likely to be able to act when the time comes.
Also give some thought to what happens if your first-choice executor can't act. For a straightforward estate, that person might be your partner, sibling, or adult child. For a more complicated family or estate, an independent or professional executor may be worth considering.
There is no prize for choosing the person who has known you the longest. Choose the person who is best placed to do the job.