What does an executor actually do?
Being named as an executor in someone’s will is a sign of trust—but it can also feel like a big (and slightly overwhelming) responsibility. So what does the job really involve?
At KM Legal, we help people across Penrith and Western Sydney understand their role as executor and support them through the process. Whether you’ve just been named in a will or you’re already in the thick of it, here’s what you need to know.
1. What is an executor?
An executor is the person responsible for carrying out the terms of a will after someone dies. In other words, you’re in charge of making sure the deceased person’s wishes are followed and their estate is properly managed. You might be a spouse, child, friend, or even a professional like a lawyer or accountant. Some wills name more than one executor (called co-executors) who share the responsibility.
2. What are an executor’s main duties?
Here’s a general overview of what an executor is expected to do in NSW:
Locate the will and confirm you’re the appointed executor
Make funeral arrangements (if not already handled by the family)
Apply for probate, if required
Identify and collect all assets, such as bank accounts, real estate, superannuation, and personal items
Pay off debts and liabilities—this includes things like credit cards, loans, and outstanding bills
Lodge final tax returns and deal with any tax issues
Distribute the estate according to the terms of the will
Keep records and report to beneficiaries when required
In some cases, you might also need to handle legal claims, sell property, or manage disputes between beneficiaries.
3. Do I always need probate?
Not necessarily. Whether you need probate depends on the size and complexity of the estate. If the deceased owned property or had significant financial assets, probate is usually required. If the estate is small or jointly held, it might not be. KM Legal can help you work out whether probate is needed and guide you through the application process if it is.
4. Do I get paid for being an executor?
If you’re also a beneficiary of the will, you’re usually not paid separately unless the will specifically says so. If you’re not a beneficiary, you can apply to the court for executor’s commission—but it’s not automatic.
5. Do I need legal help?
You’re not expected to be an expert in estate law or accounting. Executors often work with lawyers to help manage the legal and administrative side of the estate. This is especially important if:
The will is unclear
The estate includes complex assets (like trusts or business interests)
There’s a risk of a dispute or someone contesting the will
You’re feeling overwhelmed or unsure where to start
Need help? KM Legal is here.
At KM Legal, we guide executors through the estate process from start to finish. Whether you need a one-off consultation or full support applying for probate and administering the estate, we’re here to help make the process smoother—and less stressful.
Book an appointment with KM Legal today