Role of an executor

When someone dies, an executor is the person appointed by the will to administer the estate.

The executor steps into the shoes, so to speak, of the deceased to carry out their wishes expressed in their will. The executor should ensure that the debts due by the deceased and the estate are paid and that the assets belonging to the deceased are distributed in accordance with the terms of the deceased’s will. Usually a person making their will, called the testator, appoints one or two persons to be their executor or executors but the testator may appoint as many executors as they like.

Generally speaking an executor does not get paid for carrying out the terms of the deceased’s will according to law. Sometimes the testator will provide in their will that the executor is paid a legacy for carrying out their duties. An executor does have the right to claim commission through the Supreme Court but this is rarely availed of unless the deceased’s estate is large and/or complex.

If you don’t wish to be an executor you need to renounce the role before you interfere or intermeddle in the estate. If you are happy to be the executor you need to enquire what comprises the assets and debts of their estate. As the executor you are in charge of the estate. You have the responsibility of organizing the deceased funeral although if you are not the next of kin you may call upon a spouse or child or other relative of the deceased to assist you. If it is necessary to apply for probate of the deceased’s estate, an executor is responsible to make this application to the Supreme Court and pay the appropriate fee. This is generally the case where the estate comprises real estate or large monetary deposits or investments or other assets where the relevant institution requires probate to allow the asset to be redeemed. A grant of Probate to the executor is simply a formal acknowledgement that the executor is entitled to deal with the deceased’s assets and debts. It is not to be confused with probate duty which has long been abolished.

After grant of probate the executor then must complete the administration of the deceased’s estate by payment of the deceased’s debts and distributing the balance of their estate in accordance with the terms of their will. Usually a period of one year is allowed for this process.

In most cases people seek the assistance of their solicitor in guiding them through the steps needed to be taken to comply with the duties of an executor.

The contents of this article are general in nature. For advice specific to your circumstances, please contact your legal practitioner.

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