Serving as an executor of a will involves significant legal, financial, and personal responsibilities. When someone passes away, you must step in to carry out their final wishes, manage their estate, and distribute assets correctly to beneficiaries.
In Queensland, the law imposes strict duties on executors. Although administering a loved one’s estate can be an honour, it is often complex, time-consuming, and emotionally draining—especially when disputes or claims arise.
If someone has named you as their executor, or if you’re considering who to appoint, it’s essential to understand the full scope of the role.
What Does an Executor Do?
An executor manages the estate of a deceased person according to the will. Your responsibilities include:
- Securing and valuing assets
- Paying debts and taxes
- Managing businesses or investments
- Distributing the estate to beneficiaries
If no valid will exists, the court may appoint an administrator to act similarly under Queensland’s intestacy laws.
Key Duties of an Executor
You must administer the estate honestly and diligently. Key duties include:
1. Locate the Will and Organise the Funeral
You must find the most recent will and liaise with family members to arrange the funeral. The estate covers reasonable funeral expenses.
2. Secure and Protect Assets
Immediately protect estate property. You should:
- Lock up homes and vehicles
- Notify banks and financial institutions
- Redirect mail
- Ensure insurance policies remain active
3. Obtain a Grant of Probate
You must apply to the Supreme Court of Queensland for probate if the estate includes real estate, large bank accounts, or policies payable to the estate. This confirms your authority to act.
4. Identify Assets and Liabilities
Conduct a thorough investigation. Identify all property, superannuation, bank accounts, and liabilities. Obtain asset valuations for tax and distribution purposes.
5. Pay Debts and Tax Obligations
You must:
- Notify the ATO
- Lodge final individual and estate tax returns
- Pay all legitimate debts
If you fail to settle debts before distributing assets, you may face personal liability.
6. Distribute the Estate
After resolving debts, taxes, and any claims, distribute the estate per the will. This involves:
- Transferring funds and assets
- Creating testamentary trusts if required
- Maintaining full records of all transactions
Avoid rushing. Allow at least six months after death before distributing assets if there’s a chance of a legal challenge.
Executor’s Commission
Queensland law allows executors to be compensated, even if the will is silent. You can seek commission in two ways:
1. Under the Will – payment to Executor
If the will sets a commission amount or formula, you can claim it accordingly.
2. Court-Approved Commission
Where the will doesn’t mention it, you can apply to the court for approval. Typical commissions range:
- 1% to 3% of capital assets
- Up to 5% of income earned by the estate
The court considers the estate’s complexity and your work. Simpler estates attract lower commissions. Complex estates—especially those with businesses, property, or disputes—may justify higher rates.
You must obtain either beneficiary consent or court approval. If you’re also a beneficiary, you might not receive a separate commission unless the will permits it or all beneficiaries agree.
Risks of Acting as Executor
As an executor, you carry legal risks. You could be:
- Personally liable for losses due to mistakes
- Sued for negligence or breach of duty
- Removed by the court for failing to act appropriately
Common errors include:
- Distributing assets too early
- Not insuring estate property
- Delaying the administration process
- Failing to maintain records or provide accounts
You must act carefully, transparently, and in line with your legal obligations.
Emotional Toll and Workload on the Executor
Acting as executor often adds stress during an already emotional time. You may face:
- Grief from losing a loved one
- Tension from family disputes
- Pressure from deadlines and legal obligations
Many executors juggle these tasks alongside work and family commitments. You may need to attend meetings, handle complex paperwork, and communicate with beneficiaries under emotional strain.
Litigation Makes the Role Harder
Some estates involve litigation, which significantly increases complexity and emotional stress. Common legal proceedings include:
- Family provision claims
- Challenges to the will’s validity
- Disputes between co-executors or beneficiaries
If litigation arises, you may need to:
- Engage solicitors and barristers
- Prepare affidavits and evidence
- Participate in mediation or court hearings
Litigation delays distribution, increases costs, and places you in a neutral role between conflicting parties.
Get Help Early
You don’t have to handle everything alone. Executors can and should seek professional help. The estate pays for reasonable costs, which may include:
- Solicitors for legal advice and probate
- Accountants for tax matters
- Valuers or real estate agents for property
- Financial advisers for investment issues
Professional advice helps you avoid costly mistakes.
Key Takeaways for an Executor
- Executors must follow strict legal duties
- The role involves protecting assets, paying debts, and distributing the estate
- Executors may receive commission, but must seek approval
- Mistakes can result in personal liability
- Litigation and emotional strain often complicate the process
- Professional guidance is strongly recommended
Need Support as an Executor?
At Swanwick Murray Roche, we guide executors through every stage of estate administration. Whether the estate is simple or complex, we help you carry out your role confidently and lawfully.
Contact us today for a confidential, no-obligation appointment. Let our experienced team help you navigate this responsibility with clarity and care.
Disclaimer: This article provides general information only and does not constitute legal advice. For advice tailored to your situation, please speak with one of our estate lawyers.
