Appointing Executor of Will

An executor is the individual (or individuals) appointed in your will to administer your estate after you pass away. Your executor may include close relatives or professional executors and trustee companies. Executors are responsible for distributing the deceased person’s estate in accordance with their wishes. 

This role carries significant responsibilities, including the collection of assets, payment of debts and taxes, and the distribution of the remaining estate to the beneficiaries. 

At Queensland Probate, we understand that selecting an executor is a crucial decision, one that requires trust, reliability, and a clear understanding of legal obligations. Our experienced team is here to guide you through this important process, ensuring peace of mind that your estate will be handled with the utmost care and precision.

Yes, you can choose more than one executor to handle your estate administration. In fact, the appointment of multiple executors can be a wise way to ensure your estate is administered correctly and efficiently. Executors can work together to share responsibilities, making the process less stressful and more manageable. 

At Queensland Probate, our executor of will lawyers can help you manage the responsibility of finding an executor or executors to safeguard your estate and deliver a smoother probate process.

Your proposed executor will face a lot of duties when administering your estate. As we mentioned earlier, these duties include identifying and gathering assets and income, paying off any debts and taxes, confirming the insurance of assets, preparing financial statements, and distributing the deceased estate. 

Additionally, the executor is responsible for maintaining accurate records, managing the estate’s finances during the probate process, and handling any legal proceedings that may arise. Essentially, the executor acts as the personal representative of the deceased, ensuring that all aspects of the estate are handled with care and in accordance with the law

When it comes to choosing an executor, you should appoint somebody who is not only trustworthy but also organised and capable of managing the various responsibilities that come with the role. Executor fraud is a serious issue, so it is important to nominate somebody you absolutely trust.  Appointing multiple executors is a way to mitigate this risk.

You can appoint a dependable family member or beneficiary as your executor, but you should consider any conflicts of interest between family members, as estate disputes can be a stressful situation. If you are considering multiple executors, you should ensure that they have a strong relationship with each other and are capable and willing to work together.

Executors are also entitled to apply for an executor’s commission, which is a type of remuneration that covers the stress of administering an estate. 

If you’re struggling to appoint an executor who meets the necessary skill set to administer your estate, you can opt to choose a professional executor or a professional trustee company with expertise and impartiality. Our executor of will lawyers can guide you through the process of finding a professional executor who will administer your estate in a way that meets your wishes.

If you are appointed as a sole executor or alongside other executors, you have no legal obligation to accept the role and can decline the duty under certain conditions. Appointing an executor is a significant responsibility, and it's perfectly understandable if you feel apprehensive about taking on this role. 

To renounce the role, you have two options:

Leave Reserved:

If there is another executor or executors appointed in the last will, then they can apply for a Grant of Probate with “leave reserved” to you. This is only possible if the other executor is willing to act without you.

Leave reserved means that you are permitting the other executor to handle the estate administration without you. With this option, you still reserve the right to continue as an executor at a later date if you wish.

Renunciation of Appointment:

Alternatively, you can renounce your appointment as executor , which means that you are surrendering your right to act as an executor of the deceased estate. If you are the sole executor of the will, you will have to renounce (you can still choose to renounce even if there are other executors).

If you intend to renounce probate, you must do this early, as the estate cannot be administered by a new executor until you renounce. You must also confirm that you have not completed any activities as executor because once you start undertaking the role, you can no longer renounce unless you receive permission from the court.