What are my responsibilities as an executor of a Will?

If you are appointed as the executor of a Will, it will be your responsibility to ensure that the terms of the deceased person’s Will are carried out.

As an executor, you may be required to:

• Locate the Will and notify all beneficiaries named in the Will; 
• Attend to funeral arrangements; 
• Obtain a copy of the Death Certificate; 
• Notify any relevant organisations of the deceased’s death – we have attached a link to a Services Australia list of organisations who may need to be notified - Services Australia;
• Ascertain what the assets and liabilities of the estate are and, where probate is required, obtain values of the same as at the date of death; 
• Protect the assets of the estate, for example by ensuring all assets are insured; 
• Obtain a Grant of Probate if required.  We have attached a link to a previous article relating to obtaining a Grant of Probate -  What is probate and why do I need it?;
• Collect in the assets of the estate – this may include selling real estate, closing bank accounts, selling shares, motor vehicles and any personal items of the deceased; 
• Pay any debts owing by the estate; 
•  Obtain advice from an accountant and complete a final income tax return if needed; 
•  If the Will contained a trust, establish the same; 
•  If the Will contained any specific bequests, attend to the same; 
•  Distribute the estate pursuant to the terms of the Will; 
•  Complete and send out a final distribution statement to all beneficiaries.

In future articles we will discuss whether an executor gets paid, testamentary trusts, bequests and how to complete a distribution statement.

If we can assist you in any way in your duties as an executor, please do not hesitate to make an enquiry through our website, make an online booking, or telephone us on (08) 8312 4800.