What does an executor actually do?
Executors have significant legal duties – and personal liability. Here's what the role actually involves.
An executor administers the deceased estate: locates the will, applies for probate, collects assets, pays debts, files tax returns, and distributes the estate to beneficiaries per the will's terms. Executors have fiduciary duties – they can be personally liable for mistakes.
Legal duties
Executors owe fiduciary duties to beneficiaries. They must act honestly, with reasonable care, and in the beneficiaries' interests. They can't profit from the role (except commission), and they must account to beneficiaries for their handling of the estate.
Practical tasks
Apply for probate, collect assets, pay debts, file tax returns, manage any ongoing business operations, distribute specific gifts, and distribute the residuary. Most estates involve 30-50 distinct tasks over 6-12 months.
Personal liability
Executors can be personally liable for breach of duty. Common liability traps: distributing before debts are resolved, failing to preserve estate assets, incorrect tax filings, and preferring one beneficiary over another.
Can executors be paid?
In SA, executors can claim commission for their work – typically 1-3% of the estate value, depending on complexity. This requires either the will to authorise it, the beneficiaries to agree, or court approval. Most family executors waive commission.
Can you refuse?
Named executors can renounce the role before applying for probate. Once the grant has been made, stepping back requires court approval. If all named executors renounce, letters of administration with will annexed are granted instead.
Summary
Executors have significant legal duties – and personal liability. Here's what the role actually involves.
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Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.