What does an Executor do?
An Executor’s role begins as soon as the deceased has passed. They need to locate the original Will, obtain the death certificate, apply for probate, advise beneficiaries, arrange and pay for the funeral from the estate funds, and follow up any special instructions left in the Will from the deceased.
What if no Will can be found?
This means the deceased is intestate. In these cases, the estate is distributed in accordance with the laws of intestacy. These laws dictate a particular order of payment to the family members of the deceased.
An Executor must notify the beneficiaries of the Will
All beneficiaries must be located and contacted (including those who are overseas).
Debts and liabilities must be dealt with
Debts must be paid, or passed on. If you are an Executor, you’ll need to establish a complete picture of the deceased’s finances. This includes identifying any debtors and creditors. Funeral expenses, income tax, fees for administering the estate and out-of-pocket expenses must also be paid.
A Executor is responsible for everyday tasks
An Executor must arrange for pets to be cared for, redirect mail, cancel services and pay any outstanding bills.
They have to insure the estate
An Executor is responsible for all the assets until they have been passed on. An Executor must identify the estate assets, including any that are interstate or overseas. This includes homes, cars, superannuation, jewellery, investments and home contents. These must all be valued, secured and insured.
They must attend to any businesses
An Executor must deal with any business the deceased had an interest in. This may include determining if the business operates as a Sole Trader, Partnership or Company. The Executor may be required to carry on the running of the business or wind up the business, sell real estate and other assets, organise tax issues and invest funds in a prudent manner.
There can be legal risks
An Executor is responsible for resolving estate issues, liabilities and disputes. This may consist of challenges to the will including family maintenance claims, entitlement issues and beneficiary disputes.
An Executor must lodge the tax return
If you are an Executor, you need to obtain clearance from the Australian Taxation Office before the estate can be distributed. Otherwise you run the risk of being personally liable for any outstanding tax. You’ll need to gather details of all income earnt by the deceased in the years prior to their death and during the time since their death. You then must prepare a date of death tax return – and maybe prior returns for the deceased if they have not lodged for some time – and an estate tax return.
You may need to sell the assets
It depends on the Will and the estate. An Executor is responsible for selling or transferring assets to the beneficiaries. This includes houses, land, shares and investments. If the assets are sold, you’ll need to take into account any costs of sale and any capital gains tax.
What happens when all debts have been paid?
You can distribute the remaining assets according to the will. You will need to account for funeral expenses, debts and the management of any claims. And you’ll need to prepare a statement for all beneficiaries detailing all transactions.
Who is responsible for trusts?
An Executor is usually the trustee for trusts set up in the will. This can include trusts set up for beneficiaries under 18 years of age. These trusts need ongoing administration, often over many years.
An Executor can authorise someone else to act as Executor
A lot can happen between agreeing to be an executor and becoming one.
If you’ve been appointed as executor but don’t believe you have the capacity to fulfil the required duties, you can choose to authorise State Trustees to to administer the estate on your behalf.
Have a question?
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