When someone passes away, their will usually names a person to take charge — the executor. It’s a role many people accept without fully realising how much responsibility it carries. Over the years, I’ve met dozens who thought it was a simple box-ticking job, only to find themselves managing paperwork, family emotions, and court processes all at once.
As a wills and estates lawyers brisbane, I’ve seen how a good executor can make a tough time easier for everyone involved. I’ve also seen what happens when someone takes it on without proper guidance. This guide explains exactly what an executor does, what can go wrong, and how to do the job properly.
Understanding the Role of an Executor
Why Executors Are So Important
An executor is the person legally responsible for carrying out the directions in a will. They make sure assets are collected, debts are paid, and beneficiaries receive what’s intended. Think of them as the project manager of someone’s final affairs.
Most executors are family members or close friends. It’s an honour, but it’s also a serious legal duty. Executors can be personally liable for mistakes if they don’t follow the correct process. That’s why I always tell clients to choose carefully and make sure the chosen person understands what’s involved.
Common Misunderstandings
Many people think being an executor gives them total control over the estate. It doesn’t. They must follow the will and act in the best interests of all beneficiaries — not themselves.
Others assume the role only begins once the funeral is over, but legal obligations start the moment the person passes away.
It’s not about power. It’s about responsibility.
Key executor duties queensland and probate process qld
Step-by-Step Duties After Death
| Step | Executor’s Task | Description |
| 1 | Locate the will | Make sure you have the most recent, valid document. |
| 2 | Arrange the funeral | Usually done in consultation with family. |
| 3 | Secure assets | Lock up property, manage bank accounts, cancel cards. |
| 4 | Apply for probate | Court process that confirms the will’s validity. |
| 5 | Pay debts and taxes | Includes mortgages, credit cards, and ATO filings. |
| 6 | Distribute the estate | Transfer assets as directed in the will. |
Each step sounds simple, but small errors can delay the process. For example, failing to advertise for creditors before distributing the estate can expose an executor to personal liability.
The Probate Process Explained
Probate is a formal court order confirming that a will is valid and that the executor is authorised to manage the estate. In Queensland, it’s handled by the Supreme Court.
An executor must file an application with the original will, death certificate and supporting documents. It typically takes four to six weeks, though complex estates can take longer.
Without probate, many institutions — banks, super funds, and property offices — won’t release assets.
It’s a straightforward process when done right, but daunting the first time. Having guidance from a professional makes it smoother and much less stressful.
When Executors Get It Wrong
Common Mistakes and How to Avoid Them
After twenty years in this field, I can say that most executor mistakes aren’t malicious — they come from confusion or emotion.
Common issues include:
- Rushing to distribute money before debts are paid.
- Selling property without checking legal title.
- Failing to keep records or receipts.
- Mixing estate funds with personal accounts.
A good executor keeps notes, follows timelines, and communicates clearly with beneficiaries. If you’re unsure, always ask for professional help rather than guessing. A small consultation now saves enormous problems later.
It’s one of those jobs where being slow and careful pays off.
Handling Debts, Taxes and Family Conflicts
Balancing Fairness and Legal Requirements
Executors often find themselves caught between family tension and the law. Someone always feels something is “unfair,” even if the will is clear.
Your duty as executor isn’t to make everyone happy — it’s to follow the law and the deceased’s instructions.
Debts must be paid before anyone receives an inheritance. That includes funeral costs, loans and taxes. Executors also handle capital gains tax on estate sales and final income tax returns.
It can be complicated, especially when properties or businesses are involved. That’s when working with a brisbane law firm helps you stay compliant while keeping the process calm and respectful.
Executors and Intestacy
What Happens When There’s No Will
If there’s no valid will, there’s no executor. Instead, the court appoints an administrator to perform similar duties under intestacy laws queensland.
The difference is that the administrator follows the strict formula set out in legislation rather than personal wishes. Spouses, children and relatives receive fixed portions, and disputes are common.
Executors under a will have more clarity and control, which is why proper estate planning is always worth it.
Staying Organised and Seeking Help
Why Guidance from Professionals Makes It Easier
The best executors are the ones who treat the role like a business task. They keep spreadsheets, make checklists, and communicate often.
If that sounds overwhelming, remember you’re not alone. Estate lawyers, accountants and financial advisers can guide you at every stage.
It’s also smart to review your own estate plan. The more you understand about what executors do, the better you can prepare your own documents. If you’re new to this area, start with understanding estate planning qld — it covers how wills, powers of attorney and probate all connect.
An executor’s job isn’t glamorous, but it’s vital. It keeps families steady when emotions run high and ensures the person’s last wishes are respected.
Practical Tips for Executors
| Tip | Why It Helps |
| Keep a notebook for every decision. | Creates transparency and protects you if questioned. |
| Don’t rush distributions. | Debts and taxes come first. |
| Communicate regularly. | Reduces tension and misunderstandings. |
| Stay neutral. | You’re not a beneficiary while acting as executor. |
| Ask for advice early. | Saves time and prevents costly mistakes. |
Even with years of experience, I still remind executors to breathe. Families rarely thank you at first, but they will once it’s over.
Conclusion
Being an executor is an act of trust. It’s not always easy, but it’s one of the most meaningful ways to honour someone’s memory.
You’ll face forms, deadlines and difficult conversations, but you’ll also bring closure to people who need it most. The key is to stay organised, stay honest, and get support when things feel uncertain.
If you’re preparing to name an executor or have been asked to serve as one, don’t take it lightly. A short discussion with your wills and estates lawyers brisbane can help you understand exactly what you’re stepping into.
Handled correctly, an executor brings calm where there could be chaos — and that’s something every family deserves.
Frequently Asked Questions
1. Who can be an executor in Queensland?
Any adult can serve, including a beneficiary, as long as they’re capable and willing. Some people appoint a lawyer or trustee for neutrality.
2. Do executors get paid?
Yes, they can claim reasonable commission if the will allows it or if the court approves. Most family executors waive payment, but it’s optional.
3. How long does probate take?
Usually between one and three months after filing. Complex estates or disputes can extend that timeline.
4. What if an executor refuses to act?
The court can appoint a replacement. It’s better to decline early than leave the estate unmanaged.
5. Can an executor be sued?
Yes, if they act negligently or misuse estate assets. Keeping records and seeking advice protects against this.
6. Do executors need to meet beneficiaries in person?
Not always, but clear communication is important. Emails and written updates work well when handled professionally.
7. What happens if there are two executors who disagree?
The court can intervene, or one may step aside. Shared roles only work when both cooperate.
8. Should I get professional help before applying for probate?
Absolutely. Even a quick consultation ensures your paperwork and process meet legal standards.