Executor of a Will: Duties and How to Choose One

Choosing an executor is one of the few decisions every will needs, and kits often treat it as a single line on a form. The person you name will be responsible for your estate at a difficult time, and the role can involve months of work. This page sets out what official sources in Western Australia, Tasmania, NSW and Queensland said about the role when we read them on 30 October 2026, and the questions to ask before you write a name down.

This is general information, not legal advice. Will and power of attorney rules differ by state and territory. For advice on your situation, speak to a lawyer or your state's Public Trustee. AustralianWillKit.com.au is an independent guide operated by Dominet BV. We aren't a law firm, we don't sell wills or kits, and we don't draft wills. No link on this site is an affiliate link right now. We may earn a commission from will providers in future when a reader buys through a link on this site. If that happens we'll label those links and explain it in our affiliate disclosure, and it won't change the facts we publish. Rules, fees and prices were checked on official and provider websites on 30 October 2026 and can change. Read our general information notice.

What an executor is

Tasmania Legal Aid's wills page describes an executor as the person named in your will to look after your estate, and the person responsible for making sure your wishes are met. NSW Trustee and Guardian's wills page says an executor can be a person or an organisation, such as NSW Trustee and Guardian or a private trustee company, responsible for managing your assets according to your will.

Is an executor required? Queensland Public Trustee's FAQs say a will is still valid without an executor, but recommend having one. Tasmania Legal Aid says that if no executor is named, the Supreme Court will appoint an administrator.

What an executor does

The WA Government's Public Trustee page lists the duties an executor may have:

• locating and securing the last will
• identifying and notifying beneficiaries
• applying for a grant of probate
• securing assets, valuing the estate and making sure assets are insured
• identifying and paying creditors
• lodging tax returns
• establishing and managing trusts, if the will sets them up
• collecting bank accounts and investments, and selling or transferring vehicles, property, shares and other assets
• representing the estate in legal action
• distributing the estate

NSW Trustee and Guardian says the executor needs to understand the legal, financial and taxation responsibilities and stay neutral if there are disputes, and that the role can be emotionally challenging and time consuming.

Who can be an executor

Tasmania Legal Aid says an executor must be over 18. It also suggests:

• it's easier if the executor lives in the same state as you
• it's preferable to name two executors, in case one dies or no longer wants to act
• choose someone close to you, trustworthy and of a similar age

The WA Public Trustee suggests asking yourself whether the person is willing and able to do the duties, whether they could engage lawyers, accountants and real estate agents when needed, and notes that an executor could in some cases become personally liable for actions they take.

Can an executor also be a beneficiary?

Yes. None of the official pages we read say a beneficiary can't be an executor, so you can name a partner or adult child who also inherits. The issue to watch is witnessing: a beneficiary shouldn't witness your will. Tasmania's Wills Act 2008 (s 8(7)) says a person isn't incompetent to witness only because they are an executor, but if the executor is also a beneficiary, Tasmania's rule voiding gifts to witnesses applies. See who can witness a will.

Family member or Public Trustee?

You can name a professional executor instead of, or as well as, a family member.

The WA Public Trustee says people choose it to spare loved ones the responsibilities and stress of the role, when they don't have anyone they trust to take it on, or when there's conflict in the family. It says it has in-house estate managers, accountants and solicitors. NSW Trustee and Guardian says choosing an independent professional reduces the burden on loved ones.

The trade-off is cost. A Public Trustee charges for administering an estate. Legal Aid WA, for example, says a fee is payable when the Public Trustee administers an estate where there's no will. Several Public Trustees offer cheap or free wills when you name them as executor:

• the NT Public Trustee lists $154.00 for a simple will naming it as executor
• Public Trustee SA makes wills for free for eligible customers who name it as executor
• the WA Public Trustee drafts wills naming it as executor or substitute executor

Ask what the Public Trustee would charge to administer your estate before you decide. The will fee is the smaller number.

Executor, guardian and funeral wishes

An executor deals with your property. Other wishes in a will work differently. Tasmania Legal Aid says wills often include requests such as funeral arrangements and the appointment of a guardian for children under 18 or still dependent on you. Because wills are only meant to deal with property, it says the executor doesn't necessarily need to follow these directions. If a court is asked to decide where children live and who looks after them, it says your wishes in the will are taken into account.

So if your funeral wishes matter to you, tell your executor and family directly as well as writing them in the will. If you have young children, think about who you'd want as guardian separately from who you'd want as executor. They can be the same person, but the roles call for different strengths.

Tasmania Legal Aid also says a will should state that it's your last will, revoke earlier wills, and appoint at least one executor. A good kit or online service includes all three.

Talking to your executor

The WA Public Trustee says you'd normally ask the person before naming them, and tell them once you've made the will and where it's kept. It also notes that telling people can sometimes cause ill feeling before your death and put you under pressure to change your will.

NSW Trustee and Guardian suggests making sure your executor has a list of your assets and liabilities, or knows where to find it, and a list of accounts and memberships so they can cancel or transfer services. That saves your executor searching through records.

If an executor doesn't want to act

An executor doesn't have to accept the role. The WA Public Trustee says that after your death an executor can decline, and that if you're appointed executor of someone else's will, it may be possible to renounce or hand over the responsibility to another person or the Public Trustee. That's the main reason to name a substitute executor in your will.

Executors and probate

Applying for a grant of probate from the Supreme Court is on the WA list of executor duties. Probate rules and fees differ by state. If there's no will, or no executor able to act, someone instead applies for letters of administration. Our guide to dying without a will covers that process. Probate guides for each state are on our list of future topics.

Checklist for naming an executor

1. Choose someone over 18 who is willing and able to do the job.
2. Ask them first.
3. Name a substitute in case your first choice can't or won't act.
4. Write their full name and relationship to you in the will.
5. Tell them where the signed original is kept.
6. Leave a list of assets, liabilities, accounts and memberships.
7. If you name a Public Trustee, find out its administration fees.
8. Review the choice whenever you update your will, for example after a death, a separation or a move to another state.

Frequently asked questions

Can I have two executors?

Yes. Tasmania Legal Aid says it's preferable to name two executors in case one dies or doesn't want to act.

Does an executor get paid?

The pages we read don't set a fee for a family member acting as executor. Public Trustees charge the estate for administration under their own fee rules, so ask before you appoint one.

Can my executor live overseas?

Nothing we read forbids it, but Tasmania Legal Aid says it's easier if the executor lives in the same state as you.

What happens if my executor dies before me?

If you've named a substitute, the substitute acts. If not, update your will. Tasmania Legal Aid says that if no executor is named, the Supreme Court will appoint an administrator.

Is a will valid without an executor?

Yes. Queensland Public Trustee says a will is still valid without an executor, though it recommends having one.