An executor administers your estate after death — securing assets, applying for probate, paying debts and taxes, and distributing to beneficiaries — often taking a year or more. Options include a family member or friend, a professional executor (solicitor, accountant or trustee company), the Public Trustee, or co-executors. A simple, conflict-free estate suits a capable family member, while complex or blended-family estates are usually better served by an impartial professional.
When a retiree makes or reviews their will, they make one decision that is genuinely consequential but often given too little thought: who to appoint as executor. The executor is the person — or institution — legally responsible for administering the estate after death: locating and securing the assets, applying for probate, paying debts and taxes, defending the estate against any claims, and distributing it to the beneficiaries according to the will. The executor is the deceased's legal personal representative, the person who carries out what the will directs. It is a role that can be time-consuming, complex, and emotionally demanding, frequently taking the better part of a year — and often longer for a complex estate — and carrying legal, financial, tax, and sometimes conflict-management responsibilities. Yet many will-makers appoint an executor almost by default — the eldest child, or the spouse — without considering whether that person is genuinely willing, able, and appropriate for the task. The main options are a family member or friend (common and fee-free, but possibly lacking expertise or conflicted), a professional executor (a solicitor, accountant, or trustee company — expertise and impartiality, but with fees), the Public Trustee (the state body, for those without a suitable individual), or co-executors (sharing the burden, but needing to agree). Matching the executor to the complexity of the estate and the risk of family conflict, ensuring the person is willing, and naming a backup are the keys to getting it right.
Is the executor role more demanding than it looks?
The executor's job is more substantial than most people appreciate. As the legal personal representative, the executor must locate and secure the assets, obtain the death certificate, apply for probate (the court's authority to administer the estate), notify banks, super funds and other institutions, pay the deceased's debts, funeral costs and taxes (including lodging the final personal tax return and any estate returns), collect in or sell assets, defend the estate against any claims such as family provision claims, and distribute the estate to the beneficiaries as the will directs. This commonly takes many months, and often a year or more where the estate is large or contested. The executor owes fiduciary duties — to act in the interests of the estate and beneficiaries, impartially and with care — and an executor who administers the estate incorrectly can even face personal liability. It is not a ceremonial title; it is a real and sometimes onerous job, which is exactly why naming the right person matters.
Why does the burden behind the choice matter so much?
The reason the choice matters so much is the weight of the role. It is time-consuming, involving significant hours over many months dealing with paperwork, institutions, the court and advisers; it is complex, spanning legal, financial, tax and administrative work, especially for larger estates; and it is emotionally demanding, often performed while grieving and sometimes amid family tension. Combined with the potential for personal liability if things go wrong, it is a responsibility that shouldn't be handed to someone without thought, or accepted without understanding what it entails. Many people agree to be an executor, or are named as one, without appreciating the demands — so part of good planning is making the choice with eyes open, and with the chosen person's informed consent.
Option one — what about a family member or friend?
The most common choice is a family member or friend — typically the spouse, an adult child, a sibling, or a trusted friend. The advantages are that there are no professional fees, the person knows the family and the deceased's wishes, and they bring personal commitment. The disadvantages are real: they may lack the legal and financial expertise the role demands; they may be grieving and overwhelmed at exactly the time they must act; and they may be conflicted — for example, an adult child who is also a beneficiary, or who favours one branch of the family — which can strain or fracture relationships, particularly in blended families or where disputes are likely. A crucial mitigant is that a lay executor can, and usually should, engage a solicitor or accountant to assist with the administration, with the estate paying for that help. So a capable family executor of a straightforward estate, with professional support as needed, is often a perfectly good choice.
Option two — what does a professional executor offer?
A professional executor — a solicitor, accountant, or trustee company — brings expertise and impartiality. The advantages are professional expertise, impartiality (very valuable where the family situation is conflict-prone or blended), and continuity (a firm doesn't fall ill or die, and the burden is lifted from grieving family). The disadvantage is fees, charged from the estate on a scale that varies between firms and is commonly based on a percentage of the estate and/or an hourly rate, along with less personal knowledge of the family and the risk of more impersonal administration. A professional executor is most appropriate for complex estates, blended families, situations where disputes are likely, where there is no suitable family member, or simply where the will-maker wants to spare the family the burden.
Option three — when should you consider the Public Trustee?
Each state and territory has a Public Trustee that can act as executor, and some people even qualify to have their will prepared by the Public Trustee at no cost, including where they appoint it as their executor — though eligibility rules differ by state and territory. The advantages are availability (it is there when no suitable individual exists), institutional continuity, and experience. The disadvantages are fees, charged from the estate on the trustee body's published scale, and a process that some find slower, more bureaucratic and impersonal. The Public Trustee is commonly used by people without close family, or who prefer a neutral state body to administer their estate. Because the fee scales and eligibility differ between states, the relevant state or territory Public Trustee is the place to confirm the detail.
Option four — how do co-executors work?
Appointing two or more people to act jointly — for example two adult children, or a child paired with a professional — spreads the responsibility. The advantages are that the burden is shared, perspectives are combined, the co-executors act as a check on each other, and a family member can be paired with professional expertise, combining family knowledge with technical capability. The disadvantage is that co-executors generally must act together and agree, so a disagreement between them can stall the administration, and there is added logistical complexity in multiple signatures and decisions. The practical guidance is to keep the number small — usually two — give clear roles, and avoid appointing so many that deadlock becomes likely.
How do you match the executor to the estate?
The organising principle is to match the executor to the estate. A simple estate — a home, super, bank accounts and clear beneficiaries — suits a capable family executor, with professional help as needed. A complex estate — involving a business, a trust, a self-managed super fund (SMSF), overseas assets, complex investments, or a blended family with likely disputes — points toward a professional executor or a professional co-executor. Where family conflict is a real risk, an impartial professional executor materially reduces the chance of disputes and accusations of bias; this is one of the strongest reasons to look beyond a conflicted family member, and it matters because people can challenge or contest a will in many different ways. The proposed executor's own situation matters too — their age, health, location and capability; an elderly spouse, or an adult child living overseas, may not be the ideal choice even if willing. The right answer depends on the specific estate and family, which is exactly why the choice deserves genuine thought rather than defaulting to the eldest child.
What practical steps make the choice actually work?
A few practical steps make the choice work. Crucially, ask the proposed executor first whether they are willing to act — don't appoint someone without their knowledge and consent. Name a backup (substitute) executor in case the first choice is unable or unwilling when the time comes. Tell them where the will is kept, since listing your important documents and where they are stored genuinely helps your family and your executor. Be realistic about the burden and whether the person can handle it, and review the choice periodically as circumstances change — the executor ages, moves, or relationships shift. A letter of wishes (non-binding) can guide the executor on matters not spelled out in the will. On fees, a lay family executor typically acts without payment, though they can claim out-of-pocket expenses and may in some circumstances apply for a court-approved executor's commission for their effort; professional executors and the Public Trustee charge fees from the estate, which the will-maker should understand when choosing them.
Worked examples
These two cases show the executor choice in action. They are illustrative only and not personal advice.
Margaret, 76, is a widow with a straightforward estate: her home, a super pension, some bank accounts and shares, and one adult daughter who is her sole beneficiary and with whom she has a close, uncomplicated relationship. She wonders whether she needs a "professional" executor. On these facts, Margaret's capable, sole-beneficiary daughter is likely a perfectly good executor. The estate is simple, there is no conflict because there is a single beneficiary, and her daughter can engage a solicitor to handle the probate and administration with the estate paying — so she gets professional help without a professional executor's full fees. On these facts it is generally rational to appoint the daughter (having confirmed she is willing), name a backup such as a trusted relative or a professional in case the daughter can't act, tell her where the will is kept, and expect her to engage a solicitor to assist. A professional executor would add cost without much benefit for this simple, conflict-free estate — the simplest appropriate choice is the right one here.
Reg, 72, is in a second marriage. He has three children from his first marriage and his current wife has two of her own. His estate includes a business interest and an investment property, and his estate plan splits assets between his wife and his own children in a way that could create tension. He was about to name his eldest son as sole executor. On these facts, naming the eldest son as sole executor is risky. The son is a beneficiary and from one "side" of a blended family, under a plan that could spark disputes, so appointing him sole executor invites accusations of bias and could fracture relationships — and the estate's complexity (a business and a property) adds to the demands. On these facts it is generally rational to consider an impartial professional executor (a solicitor or trustee company), or a co-executor arrangement pairing the son with a professional, to administer the estate neutrally and competently while bringing the expertise the business and property require. The professional fees are a worthwhile cost given the conflict and complexity. Reg should also confirm the chosen executor is willing, name a backup, and have the whole estate plan reviewed by an estate planning lawyer given the blended-family dynamics. This is exactly the situation where the default "eldest child as executor" choice is the wrong one.
For retirees making or reviewing a will, choosing the right executor is a key estate-planning decision that deserves real thought. The work is to understand what the executor role actually involves (most people underestimate it), assess the estate's complexity and the risk of family conflict, match the executor to the estate (a capable family member for a simple, conflict-free estate; a professional or professional co-executor for a complex or conflict-prone one, and an impartial professional especially for blended families), consider co-executor options where pairing family knowledge with professional expertise helps, ensure the proposed executor is genuinely willing and that a backup is named, understand the fees of professional and Public Trustee options, review the choice periodically, and refer to an estate planning lawyer for the will itself. The role is demanding and consequential, and the common default — appointing the eldest child or the spouse without further thought — is fine for a simple estate but can be a serious mistake for a complex one or a blended family. Getting the executor choice right, and discussing it with the chosen person in advance, spares the family delay, cost and conflict at a time when they will least be able to cope with it — which is, in the end, exactly what good estate planning is for.
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Key takeaways
- An executor is the legal personal representative responsible for securing assets, applying for probate, paying debts and taxes, defending against claims, and distributing the estate — a role that commonly takes many months and sometimes over a year.
- A family member or friend costs nothing in fees and knows the deceased's wishes, but may lack expertise or be conflicted, especially if they're also a beneficiary in a blended family.
- A professional executor (solicitor, accountant or trustee company) brings expertise and impartiality for a fee, and is best suited to complex estates, blended families, or where disputes are likely.
- Co-executors share the burden and can pair family knowledge with professional expertise, but they generally must act together, so disagreement between them can stall the administration.
- Always ask the proposed executor first whether they're willing to act, name a backup executor, and tell them where the will is kept.
Frequently asked questions
What does an executor actually have to do?
The executor is the deceased's legal personal representative, responsible for locating and securing the assets, applying for probate, notifying banks and super funds, paying debts, funeral costs and taxes, defending the estate against any claims, and distributing it to beneficiaries as the will directs. This commonly takes many months and often a year or more for a large or contested estate.
Should I appoint a family member or a professional as my executor?
It depends on the estate. A simple, conflict-free estate generally suits a capable family member, who can engage a solicitor for professional help paid for by the estate. A complex estate — involving a business, an SMSF, overseas assets, or a blended family with likely disputes — is usually better served by an impartial professional executor such as a solicitor, accountant or trustee company.
What are the downsides of appointing co-executors?
Co-executors generally must act together and agree on decisions, so a disagreement between them can stall the estate's administration, and there's added logistical complexity from needing multiple signatures. The upside is that the burden is shared and family knowledge can be paired with professional expertise, but it's best kept to a small number, usually two.
Do family member executors get paid for their work?
Typically not directly — a lay family executor usually acts without payment, though they can claim out-of-pocket expenses and may in some circumstances apply for a court-approved executor's commission for their effort. Professional executors and the Public Trustee charge fees from the estate on their own scales, which vary by firm or jurisdiction.