Choosing the right executor is one of the most consequential decisions you’ll make when writing your Will. Your executor — sometimes called a “personal representative” — is the person legally responsible for carrying out your wishes after you pass away. It’s a role that demands trustworthiness, organisation, and a willingness to navigate legal and financial complexities during what is often an emotionally difficult time.
Yet many Australians give surprisingly little thought to this decision. They default to naming their spouse or eldest child without fully considering whether that person is the right fit. In this guide, we’ll walk you through everything you need to know about choosing an executor who will serve your estate well.
What Does an Executor Actually Do?
Before you can choose the right person, it helps to understand exactly what the role entails. An executor’s responsibilities are wide-ranging and can extend over months — sometimes years — depending on the complexity of the estate.
Locating the Will and securing assets. Your executor’s first job is to find your original Will and begin protecting your assets. This might involve securing your home, redirecting mail, cancelling subscriptions, and notifying relevant institutions of your passing.
Applying for probate. In most Australian states and territories, the executor must apply to the Supreme Court for a Grant of Probate. This is a legal document confirming the Will is valid and authorising the executor to deal with the estate’s assets. The probate process involves lodging paperwork, paying court fees, and sometimes publishing public notices.
Managing and valuing assets. Your executor needs to identify and value everything you own — property, bank accounts, superannuation, shares, vehicles, personal belongings, and digital assets. They may need to engage valuers, accountants, or financial advisers to assist.
Paying debts and liabilities. Before distributing anything to beneficiaries, the executor must settle all outstanding debts, including mortgages, credit cards, utility bills, and any tax liabilities. They are also responsible for lodging your final tax return and any estate tax returns with the ATO.
Distributing the estate. Once all debts are paid and any waiting periods have passed, the executor distributes assets to beneficiaries according to the terms of the Will. This can involve transferring property titles, liquidating investments, and coordinating with solicitors.
For a comprehensive breakdown of these duties, see our Executor’s Guide.
Key Qualities to Look For
Not everyone is suited to be an executor, even if they’re someone you love and trust deeply. Here are the essential qualities to consider:
Trustworthiness. This is non-negotiable. Your executor will have full control over your financial affairs. They must be someone whose integrity is beyond question.
Organisation and attention to detail. Estate administration involves tracking deadlines, maintaining meticulous records, corresponding with multiple institutions, and managing complex paperwork. A disorganised executor can cause costly delays.
Financial competence. Your executor doesn’t need to be an accountant, but they should be comfortable dealing with financial matters — reading bank statements, understanding investment portfolios, and working with tax professionals.
Availability and proximity. Administering an estate is time-consuming. Someone with an extremely demanding career, significant health issues, or who lives overseas may struggle to fulfil the role effectively. Consider whether your chosen person realistically has the time and capacity.
Willingness. This might seem obvious, but it’s frequently overlooked. Being named as an executor is not an honour everyone wants. The role carries legal obligations and personal liability. Always ask someone before naming them in your Will.
Who Can Be an Executor?
Australian law sets relatively few formal restrictions on who can serve as an executor:
- They must be at least 18 years of age at the time they need to act
- They must be of sound mind
- They can be a beneficiary of the Will (this is very common)
- They can be a professional executor, such as a solicitor or a trustee company
- There is no requirement that they live in Australia, though a local executor is generally more practical
It’s worth noting that while a bankrupt person can technically serve as an executor, courts may view this unfavourably, and it could raise concerns about their suitability to manage financial affairs.
Common Choices: Pros and Cons
Spouse or Partner
Pros:
- Deep knowledge of your financial affairs and family dynamics
- Typically the primary beneficiary, so highly motivated to administer the estate properly
- Already has access to shared accounts and property
Cons:
- May be too grief-stricken to handle the administrative burden
- If they pass away at the same time (e.g., in an accident), you’ll need a backup plan
- May not have experience with legal or financial processes
Adult Child
Pros:
- Likely to be familiar with your wishes and family situation
- Usually younger and more available than other options
- Often tech-savvy, which helps with digital assets and online processes
Cons:
- Could create tension among siblings, particularly if one child is chosen over others
- May lack financial or legal experience
- Family dynamics can complicate impartial decision-making
Trusted Friend or Family Member
Pros:
- Can offer a more neutral perspective than immediate family
- May have relevant professional skills (e.g., an accountant or solicitor friend)
- Less likely to be directly affected by grief
Cons:
- May not fully understand your family dynamics
- Could become unavailable due to their own life changes
- Friendships can change over time
Professional Executor (Solicitor or Trustee Company)
Pros:
- Expert knowledge of probate law and estate administration
- Impartial and free from family politics
- Reliable — a firm won’t move away, become ill, or predecease you
Cons:
- Charges professional fees, which are paid from the estate (typically 1-5% of estate value)
- Less personal approach — they didn’t know you
- May be slower to act than a motivated family member
For more details on what estate administration involves, visit our Estate Administration Guide.
Appointing Multiple Executors
You’re not limited to appointing a single executor. Many Australians choose to appoint two or more, and there are good reasons to consider this approach.
Joint Executors
Appointing two people as joint executors means they must act together. This provides a system of checks and balances — no single person has unilateral control. It’s particularly useful when:
- You want to balance family representation (e.g., two of your three children)
- You want a family member paired with a professional for both personal insight and legal expertise
- Your estate is large or complex
However, joint executors must agree on decisions, which can slow the process. If they disagree, they may need to seek court direction — an expensive and time-consuming exercise.
Substitute Executors
Always name at least one substitute (or “alternate”) executor. If your primary executor is unable or unwilling to act when the time comes — due to illness, death, or simply declining the role — a substitute ensures your estate won’t be left without someone authorised to manage it.
Without a substitute, your beneficiaries may need to apply to the court for an administrator to be appointed, causing delays and additional costs.
Common Mistakes to Avoid
Choosing someone too elderly. If your executor is significantly older than you, there’s a real risk they won’t be able to act when needed. Consider the likely timeframe and choose someone who will be fit and capable.
Not asking them first. Surprising someone with the role of executor after your death is unfair and impractical. Have the conversation. Explain what’s involved, where your Will is stored, and what your wishes are.
Failing to update after relationship changes. Divorce, estrangement, or the death of your named executor are all situations that demand an update to your Will. An ex-spouse named as executor can create enormous complications.
Choosing someone who lives overseas. While not prohibited, an executor based in another country will face significant practical challenges — attending to Australian courts, managing local assets, and dealing with time zone differences.
Naming only one executor with no substitute. Life is unpredictable. Always have a backup plan.
For a complete guide to writing your Will and avoiding common pitfalls, see our Will Writing Guide.
The Executor’s Legal Obligations
Being an executor is not just a moral responsibility — it carries serious legal obligations under Australian succession law.
Fiduciary duty. An executor has a fiduciary duty to act in the best interests of the beneficiaries. This means they cannot use estate assets for personal benefit, must avoid conflicts of interest, and must act with the same care as a prudent person managing their own affairs.
Record-keeping. Executors must maintain detailed records of every transaction, decision, and communication related to the estate. Beneficiaries have the right to request an accounting, and a court can order one if there are concerns about mismanagement.
Acting impartially. Where there are multiple beneficiaries, the executor must treat them fairly and in accordance with the Will. Favouring one beneficiary over another — or making distributions outside the terms of the Will — can expose the executor to personal liability.
Timeliness. While there is no strict deadline for completing estate administration, executors are expected to act with reasonable diligence. Unnecessary delays can be challenged by beneficiaries.
Personal liability. An executor who breaches their duties — whether through negligence, dishonesty, or incompetence — can be held personally liable for any resulting losses to the estate. In serious cases, the court can remove them from the role.
How ezyWill Helps
At ezyWill, we’ve designed our platform to make the executor’s job easier and to help you make a well-informed choice.
Executor notification system. When you create your Will with ezyWill, you can choose to notify your executor immediately or at a later time. We’ll send them a clear summary of their responsibilities and what to expect, so there are no surprises.
Estate administration portal. Our EstatePath portal provides executors with step-by-step guidance through the entire administration process — from applying for probate to distributing assets. It’s like having a solicitor on call, without the hourly fees.
Secure document storage. Your Will and supporting documents are stored securely in the cloud, ensuring your executor can always locate them when needed.
Digital asset management. With our integrated Digital Vault, your executor can access critical digital asset information without navigating the minefield of forgotten passwords and locked accounts.
Making Your Decision
Choosing an executor comes down to finding the right balance of trust, capability, and availability. Here’s a simple framework:
- List your candidates — who do you trust completely with your financial affairs?
- Assess their suitability — are they organised, available, and financially competent?
- Have the conversation — would they be willing to take on the role?
- Consider a backup — who would step in if your first choice can’t act?
- Review regularly — does your choice still make sense as circumstances change?
Remember, there’s no shame in appointing a professional executor, especially if your estate is complex or your family dynamics are challenging. The most important thing is that your estate is administered properly, and your wishes are honoured.
Ready to name your executor and create your Will? ezyWill’s guided process helps you make the right choice and ensures your executor is prepared for their role. Get started today — it takes less than 15 minutes.
