Disclaimer: This guide is for educational purposes only and does not constitute legal advice. We recommend consulting a qualified legal professional for advice specific to your situation.
Quick Answer
Choose someone who is trustworthy, organised, and willing — not just the oldest child or closest relative. They must be 18+, mentally capable, and ideally an Australian resident. If your family dynamics are complicated, consider a professional executor or co-executor arrangement.
Overview
Your executor is the person who will carry out your wishes after you die. They'll apply for probate, pay your debts, manage your assets, and distribute your estate to your beneficiaries.
It’s one of the most important decisions you’ll make in your will — and one of the most overlooked.
Note: While executors have significant responsibilities, they’re also accountable. Courts have oversight powers and can remove executors who fail to act properly, act against the interests of beneficiaries, or unreasonably delay administration. Beneficiaries can also seek court intervention if an executor isn’t performing their duties.
Get it right, and your estate settles smoothly. Get it wrong, and you could be setting up your family for months (or years) of conflict, legal costs, and stress.
Who this is for
- Anyone making or updating a will
- People unsure whether their current executor is still the right choice
- Anyone considering appointing multiple executors or a professional
What an executor actually does
Before choosing someone, understand what you’re asking them to take on.
Executor Responsibilities
How Long Does It Take?
A straightforward estate typically takes 12-18 months to administer. Complex estates — those with property, business interests, or family disputes — can take much longer.
Legal requirements in Australia
Australian Law
Executor requirements are set by state and territory legislation. While the basics are consistent, probate procedures and thresholds vary.
To be an executor in Australia, a person must:
- Be at least 18 years old at the time they apply for probate
- Be of sound mind (have mental capacity)
- Not be in prison at the time of appointment
There’s no requirement for your executor to be an Australian resident — but there are significant complications if they’re not.
The overseas executor problem
If your only executor lives overseas, your estate may be treated as a non-resident trust for tax purposes. This can mean:
- Loss of the $18,200 tax-free threshold (normally available for up to 3 years)
- Higher tax rates on income from Australian assets
- Loss of the 50% capital gains tax discount on property sales
- Possible loss of the main residence exemption
The NSW Supreme Court can also refuse to grant probate to an overseas executor who doesn’t have legal representation in Australia.
Solution: Appoint a Co-Executor
If you want an overseas family member involved, appoint an Australian-resident co-executor. This preserves tax advantages and ensures someone can handle local requirements.
Qualities to look for
The best executor isn’t necessarily your closest relative or oldest child. Look for someone with these qualities:
Essential qualities
| Quality | Why It Matters |
|---|---|
| Trustworthy | They’ll have access to all your assets with minimal oversight |
| Organised | Estate administration involves significant paperwork and deadlines |
| Financially literate | They’ll manage accounts, investments, tax returns, and distributions |
| Good communicator | They need to keep beneficiaries informed and manage expectations |
| Diplomatic | If there’s family tension, they’ll be in the middle of it |
| Available | The role requires real time commitment over 12-18 months |
| Willing | Never appoint someone without asking them first |
Practical considerations
- Age and health: Choose someone likely to outlive you and remain capable
- Location: Someone close to your assets can handle practical matters more easily
- Relationship with beneficiaries: Can they remain impartial if disputes arise?
- Their own circumstances: Do they have the time? Are they dealing with their own health or financial issues?
The Fairness Trap
Many parents appoint all their adult children as co-executors because it "seems fair." But if those children don't get along, you're creating a recipe for deadlock, delays, and legal costs. Choose capability over equality.
Your options
Option 1: Family member or friend
The most common choice. Usually a spouse, adult child, sibling, or trusted friend.
Advantages:
- Knows you and your wishes
- No professional fees
- Motivated by personal connection
Disadvantages:
- May lack experience with legal and financial matters
- May struggle to remain impartial if disputes arise
- May find it emotionally difficult while grieving
Best for: Simple estates with harmonious family relationships
Option 2: Professional executor
A solicitor, accountant, or trustee company (like State Trustees or the Public Trustee) appointed to manage your estate.
Advantages:
- Expertise in estate administration
- Impartial — no personal stake in family disputes
- Experienced with complex assets and tax issues
- Regulated and accountable
Disadvantages:
- Fees apply (typically a percentage of estate value)
- Less personal connection to your wishes
- May feel impersonal to family members
Best for: Complex estates, potential for family conflict, or when no suitable personal executor is available
Option 3: Combination (co-executors)
Appoint a family member and a professional together, or multiple family members.
Advantages:
- Balances personal knowledge with professional expertise
- Family member can focus on relationships while professional handles admin
- Provides backup if one executor can’t act
Disadvantages:
- All executors must agree on decisions (can cause delays)
- Multiple sets of instructions can confuse the process
- If co-executors disagree, the estate can grind to a halt
Real Case: When Co-Executors Can't Agree
In Re Franks [2021] QSC 134, a Queensland man appointed two family members as co-executors. After his death, they disagreed on almost everything — selling assets, paying insurance premiums, even opening a bank account. The conflict became so severe that the Supreme Court removed them both and appointed an independent administrator. The estate paid for three sets of lawyers.
Read a related storyHow many executors should you appoint?
| Number | Pros | Cons |
|---|---|---|
| One | Clear decision-making, no disputes | No backup if they can’t act |
| Two | Backup available, shared workload | Must agree on all decisions |
| Three+ | Multiple backups | Coordination becomes difficult, higher chance of deadlock |
Best Practice
Appoint one primary executor with a substitute executor named in case the first can't or won't act. This gives you backup without the coordination problems of co-executors.
Common mistakes
These mistakes create real problems for real families. Avoid them.
1. Appointing someone without asking them first Your executor should never be surprised by the role. Discuss it with them before finalising your will.
2. Choosing based on family position, not capability “Oldest child” or “closest relative” isn’t a qualification. Choose based on who can actually do the job.
3. Appointing all your children as co-executors to be “fair” If they disagree on anything, your estate becomes a battleground. Consider appointing one with the others as beneficiaries.
4. Ignoring potential conflicts of interest An executor who is also a major beneficiary may face accusations of self-interest. Consider whether an independent executor would be safer.
5. Not naming a substitute If your executor dies, loses capacity, or refuses to act, who steps in? Always name a backup.
6. Forgetting to review your choice Relationships change. Your executor may move overseas, develop health issues, or no longer be the right fit. Review every 3-5 years.
The conversation you need to have
Before you finalise your will, sit down with your proposed executor and cover:
Discussion Checklist
Key Takeaway
The right executor is someone who is willing, capable, and available — not just the most obvious family member. If your family dynamics are complicated, don't make your executor's job harder than it needs to be.
When to get professional help
Consider a professional executor if:
- Your estate includes a business, complex investments, or overseas assets
- There’s potential for family conflict or a will challenge
- You don’t have a suitable family member or friend
- Your estate will involve ongoing trusts (e.g., for minor children)
- You want to ensure complete impartiality
Consider a professional co-executor if:
- Your preferred family executor lacks experience
- You want to reduce the administrative burden on family
- Your executor lives overseas
Next steps
Make a Shortlist
Identify 2-3 people who have the qualities needed. Consider both a primary and substitute executor.
Have the Conversation
Ask if they're willing. Explain what's involved. Give them time to think about it.
Consider Your Family Dynamics
If there's any chance of conflict, think carefully about whether your executor can handle it — or whether a professional would be safer.
Document Your Decision
Include your executor (and substitute) in your will with their full legal name and current address.
Keep Them Informed
Tell your executor where your will is stored and give them a general overview of your estate.
Learn more
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