What Is an Executor of a Will in NSW?

You have just been told you are the executor of someone’s will. Or someone close to you has died, and you are trying to work out who is actually in charge of sorting everything out. Either way, you need some information before you decide whether you need a lawyer.

Here it is. An executor is the person named in a will to carry out the wishes of the person who died. Once the Supreme Court of NSW grants probate, that executor becomes legally responsible for the whole estate: the money, the property, the debts, all of it. And if you have been named and you do not want the job, you can say no.

The rest of this page walks through what that responsibility actually involves, who is allowed to take it on, whether a beneficiary can also be the executor, how to find out who the executor is, and what happens when the named executor cannot act.

What an executor is

Three words come up on almost every will, so let us name them and move on.

• The testator is the person who made the will.
• A beneficiary is anyone who inherits something under it.
• The executor is the person the testator named to carry out those wishes after they die.

An executor is not just a title. Once the court grants probate, the estate vests in the executor, which means the law treats them as the person who now holds and deals with the deceased’s assets (Probate and Administration Act 1898 (NSW), s 44). Wills themselves are governed by the Succession Act 2006 (NSW). The practical version: nothing in the estate can be properly dealt with until someone has the authority to do it, and the executor (or administrator) is that someone.

Who can be an executor

In New South Wales an executor needs to be over 18 and have legal capacity. That is essentially it.

You do not need to be a lawyer, an accountant, or a financial expert. Plenty of executors are the deceased’s spouse, adult child, sibling, or close friend. A will can also name a professional, such as a solicitor or a trustee company, and it can name more than one executor to act together.

Can a beneficiary be the executor

Yes. This is one of the most common questions, and the answer surprises people who assume it must be a conflict of interest. It is not. A beneficiary can absolutely be the executor, and often is: the spouse who inherits the house is frequently the same person named to administer the estate.

The reason it works is that an executor has a legal duty to act in the interests of the estate and all of its beneficiaries, not just themselves. If beneficiaries believe the will itself is unfair, that is a separate matter and a separate process, which we cover on our page about contesting a will.

What an executor actually does

Being named is the easy part. Here is the work that follows, and why each step matters for the people waiting on the estate.

1. Locate the will. Find the original signed will and confirm it is the most recent version. A photocopy is rarely enough for the court.
2. Arrange the funeral. The executor usually organises the funeral and can pay for it out of the estate.
3. Apply for probate. Probate is the court’s formal recognition that the will is valid and that you can act. Banks and land titles offices generally will not release anything until it is granted.
4. Protect the estate. Keep the house insured, secure valuables, cancel accounts and subscriptions, and make sure nothing loses value while the estate is being sorted.
5. Identify assets and debts. Build a full picture: bank accounts, superannuation, property, shares, and everything owed, from the mortgage to the final utility bills.
6. Defend the estate. If someone challenges the will or makes a claim against it, the executor is the person who responds on the estate’s behalf.
7. Distribute the estate. Once debts and taxes are paid, the executor passes the remaining assets to the beneficiaries in line with the will, whether that is a cash gift, the family home, or a share portfolio.
8. Keep records. Track every payment in and out, right down to the funeral invoice and the final electricity bill. Beneficiaries are entitled to see that the estate was handled properly.

How to find out who the executor is

If you are not the executor but need to know who is, start with the will itself: the executor is named in it. If you do not have a copy, contact the solicitor or firm that holds the original. You can also search the NSW online probate notices register, where notices of intended probate applications are published.

That is the short version. For the full process, including what to do when you cannot locate the will at all, see our guide on how to get a copy of a will in NSW.

What if the executor cannot act

Sometimes the named executor is not available to do the job. There are four common situations:

• The named executor has died.
• They are alive but no longer have the capacity to act.
• They cannot be found.
• There was no valid will, so no executor was ever named.

In each of these, someone still has to step in, because until they do, no one has the authority to deal with the deceased’s assets, and that delay can hold up the whole estate. Where there is no executor able to act, the court appoints an administrator instead. The administrator is granted Letters of Administration, which give them the same authority an executor would have had. This usually falls to the next of kin, such as a spouse or adult child.

Can an executor say no, or be removed

You can decline. If you have been named and you do not want the responsibility, you can formally renounce the role, provided you have not already started acting as executor (Probate and Administration Act 1898 (NSW), s 69). Once you renounce, the role passes as if you had never been appointed.

An executor can also be removed. The Supreme Court of NSW has the power to remove an executor and revoke the grant of probate, for example where the person is not administering the estate properly, is causing serious delay, or is putting their own interests ahead of the beneficiaries. The court does not do this lightly, and a beneficiary needs real evidence, not just disagreement, to succeed.

Choosing the right executor for your own will

If you are writing your own will, pick someone organised, trustworthy, and likely to outlive you. In practice it is often the person already doing the day-to-day caring for the family who ends up named. Choosing well is a topic in its own right, and worth a proper conversation rather than a default choice.

A quick word before you go it alone

Most estates are straightforward, and plenty of executors manage without a lawyer. But when the will is unclear, a beneficiary is unhappy, or the named executor cannot act, getting it wrong can cost the estate time and money. That is where me and my team come in. If you are unsure what to do next, book a free discovery call with our wills and estates lawyers on 1300 614 732, and we will walk you through your options with no pressure.