What is the role of an Executor of a Will?

An Executor is a person appointed by Will to administer the estate of a deceased person.

There are a number of important tasks that you will need to attend to and it is often advised to engage a solicitor and an accountant to provide advice and assist you to perform these tasks.

This is not an exhaustive list but some of the most common tasks that you will be required to attend to include:

  • Locate the original and most recent Will (and if made – a Codicil)
  • Arrange the funeral with family members and follow any funeral instructions in the Will
  • Notify Centrelink and or Veterans Affairs if the person was receiving a pension
  • Ensure that all the person’s assets are safe, secure and insured
  • Contact the beneficiaries of the Will and notify them of their entitlements according to the Will
  • Ascertain the value of the estate by identifying all estate assets and liabilities
  • Apply to the Supreme Court for permission to administer the estate of the person (this is known as obtaining a Grant of Probate of the Will). This will be required when estate assets include real property (real estate) and or the value of particular assets exceed a threshold
  • Organise for an accountant to prepare income tax returns for the person up to the date of death and also income tax returns for the person’s estate
  • Pay all debts of the person and of their estate (funeral expenses, testamentary (legal) expenses, statutory obligations (including tax) and any other debts)
  • Distribute the estate according to the Will
  • Keep full and accurate records of your administration of the estate
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