Appointed As An Executor? What You Need to Know
- RHC Solicitors
- Aug 4, 2025
- 6 min read
When someone passes away, managing their estate is a serious responsibility. In Queensland, the person nominated in the Will to handle this task is called the Executor.
This role involves not just carrying out the deceased’s wishes but also complying with legal requirements, managing finances, and sometimes handling disputes between beneficiaries and other parties.
Whether you’ve been appointed as an Executor or are drafting your own Will, understanding the scope of this role and the importance of professional support is essential.
What Is An Executor?
An Executor is the person or entity named in a Will to manage the administration of the deceased person’s estate.
The Will-maker (known as the testator) selects their executor to ensure their final wishes are carried out. Executors may be family members, close friends or professionals such as lawyers or the Queensland Public Trustee.
In Queensland, an Executor must be aged 18 or over and of sound mind.
What Are The Duties Of An Executor?
The role of an Executor carries significant legal and administrative responsibilities. These include:
Locating the original Will and arranging the funeral (in accordance with any wishes expressed)
Applying for Probate (if necessary), which is a court-issued document recognising the Will as valid and authorising the Executor to act
Notifying government bodies, banks, and service providers
Identifying, securing and valuing assets (such as property, superannuation, shares, and personal items)
Managing estate liabilities including debts and taxation obligations
Distributing the estate to beneficiaries according to the Will
Maintaining accurate records and accounts of all transactions
Executors must act in the best interests of the estate and the beneficiaries, and can be held personally liable for errors, delays or mismanagement.
Should I Accept The Role Of Executor?
Before agreeing to act as an executor, you should ask yourself:
Do I have the time and ability to carry out the role?
Is the estate likely to be straightforward or complex?
Are there any complex family dynamic or tensions that may result in disputes?
Am I comfortable making legal and financial decisions?
Do I know where to go for help? (e.g. a lawyer or financial advisor)
If you’re unsure, speak with an estate lawyer before taking any steps. Once you begin acting as Executor, you may be legally bound to complete the role unless removed by the Court.
Can I Refuse To Act As Executor?
Yes. If you do not wish to take on the responsibility of being an Executor, you can formally renounce your role.
To renounce your role as an executor, you will need to complete, sign and file a Renunciation of Probate or Administration form with the Supreme Court of Queensland.
Reasons To Renounce As An Executor
There are any number of reasons someone may wish to renounce their role as an executor, but common reasons our lawyers will see include:
a lack of time to handle the responsibilities due to work commitments, other commitments, or lack of knowledge of understanding of the process
an unwillingness to act due to personal, religious or private reasons
a conflict of interest, and the individual believes their appointment would create further conflicts or disputes amongst surviving loved ones and beneficiaries
What Happens When An Executor Renounces?
If the named Executor renounces their role or is unable or unwilling to act, another beneficiary can apply to be the Executor provided they are over 18 and are willing to take on the responsibility.
In Queensland, this is done by applying to the Supreme Court for Letters of Administration (with a Will). This grants the applicant the legal authority to manage and distribute the estate according to the terms of the Will. The Court will generally favour a major beneficiary who is capable and appropriate to act.
Did you know? Letters of Administration (with a Will) are also required where the Executor is already deceased or incapacitated.
It’s important to note that disputes can sometimes arise if multiple beneficiaries wish to act, or if there are concerns about someone’s suitability. In such cases, legal advice is highly recommended to avoid delays and protect the estate.
Common Questions About Executors
Being named as an Executor in a Will can be both an honour and a daunting responsibility. Many people are unfamiliar with what the role involves until they find themselves appointed. To help clarify what’s expected, we’ve answered some of the most common questions about executors we get asked from prospective clients.
Can I Be Both Executor And Beneficiary?
Yes, and it is common for the main beneficiary to also act as an Executor. For example, a surviving spouse may be both the Executor and primary beneficiary of their partner’s estate. This dual role is legally acceptable in Queensland.
Do Executors Get Paid?
Most Executors perform their duties on a voluntary basis, especially when they are also a beneficiary.
It's important to note that:
a testator can choose to leave a gift or payment in their Will to acknowledge the Executor’s efforts
if no payment is specified, and the Executor is not a beneficiary, they may apply to the Supreme Court of Queensland for Executor’s commission. This is usually a percentage of the estate and depends on its size and complexity
executors are always entitled to be reimbursed for reasonable expenses, such as funeral costs or legal fees incurred in the administration of the estate.
Can I View The Will Before The Person Dies?
No. An Executor has no legal right to access the Will before the Testator’s death. Where the executor is a spouse of close loved one, it is common for the testator to share their Will or discuss their estate planning.
What Happens If There’s A Dispute?
Disputes in estate administration are more common than many people expect. Disputes can arise during the administration of an estate, particularly when beneficiaries disagree over the interpretation of the Will, the distribution of assets or the actions of the Executor.
Common disputes arise due to:
Challenges to the validity of the Will due to claims of undue influence or lack of capacity
Family provision claims where someone argues they were not adequately provided for
Conflicts between co-Executors particularly where family dynamics are strained or in blended families
Disputes over asset distribution due to ambiguous language, alternate interpretation of the Will or the conduct of the Executor.
Such disputes can delay the distribution process and cause emotional strain. Understanding the potential sources of conflict and how to resolve them is crucial for both Executors and beneficiaries to ensure the estate is settled properly, and in accordance with the deceased’s wishes.
Legal advice is essential to ensure decisions are made lawfully and the estate is protected from further risk or litigation.
Why Should Executors Engage A Lawyer?
While some simple estates may be handled without professional help, most Executors will benefit greatly from legal advice and guidance throughout the process of estate administration.
Legal Guidance From The Start
A lawyer can help you understand your duties, timelines and risks. This is especially important if the Will is unclear or if there’s a risk of dispute.
Assistance With Probate
A lawyer can prepare the application, lodge the necessary documents with the Supreme Court, and deal with any issues that arise. They are experienced in the strict requirements and document required.
Minimise Your Personal Risk
Executors can be held personally liable for mistakes, delays or unauthorised distributions. Obtaining legal advice ensures you’re meeting your obligations and protecting yourself from claims.
Streamlined Administration
Lawyers can assist with asset collection, debt management and preparing distribution statements, helping you complete your duties faster and more efficiently.
Navigate Disputes
If a beneficiary is challenging the Will or your actions as Executor, a lawyer can represent you, advise you on your options and work towards a fair resolution.
Fees Are Paid by the Estate
In most cases, legal fees for estate administration are paid from the estate, not out of your own pocket.
How RHC Solicitors Can Help
We work closely with Executors throughout Queensland everyday to simplify estate administration, reduce stress and provide peace of mind in an often difficult period. We offer a
Whether you need assistance applying for Probate, managing a complex estate, resolving a dispute or renouncing your role, our experienced team of estate lawyers are always here to help. With our support, you can feel confident in fulfilling your legal obligations and carrying out your loved one’s final wishes with care and diligence.
Book an initial consultation with our experienced team today to get the appropriate advice and guidance tailored to your unique situation.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication is that of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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