Define: Executor

An executor is a person appointed by an individual, typically through a will, to carry out the deceased person’s wishes and manage their estate after they pass away. The executor’s responsibilities include settling the deceased’s debts, distributing assets to beneficiaries according to the terms of the will, filing tax returns, and handling any legal proceedings related to the estate. Executors have fiduciary duties to act in the best interests of the estate and its beneficiaries, and they are often required to obtain court approval for certain actions. Executors play a crucial role in ensuring the orderly administration of an estate and the fulfilment of the deceased’s final wishes.

A person named in a will to oversee the disposal of the estate. Where there is no executor, it may be necessary for an administrator to be appointed (see: Administrator). An executor cannot charge the estate for his services unless this is authorised in the will, although he may be able to claim out-of-pocket expenses.

An executor, in the broadest sense, is one who carries something out (in other words, one who is responsible for executing a task).

Executor (female form: executrix) is also a legal term referring to a person named by a maker of a will, or nominated by the testator, to carry out the directions of the will. Typically, the executor is the person responsible for offering the will for probate, although it is not absolutely required that he or she do so. The executor’s duties also include the disbursement of property to the beneficiaries as designated in the will, obtaining information about any other potential heirs, collecting and arranging for payment of the estate’s debts, and approving or disapproving creditors’ claims. An executor also makes sure estate taxes are calculated, necessary forms are filed, tax payments are made, and in all ways assists the attorney for the estate. Also, the executor makes all donations left in bequests to charitable and other organisations as directed in the will. In most circumstances, the executor is the representative of the estate for all purposes and has the ability to sue or be sued on behalf of the estate. The executor also holds legal title to the estate property, but may not use that property for the executor’s own benefit unless expressly permitted by the terms of the will.

A person who deals with a deceased person’s property without proper authority is known as an executor de tort. Such a person’s actions may subsequently be ratified by the lawful executors or administrators if the actions do not contradict the substantive provisions of the deceased’s will or the rights of heirs at law.

Where there is no will, a person is said to have died intestate – “without testimony. As a result, there can be no actual ‘testimony’ to follow, and hence there can be no executor. If there is no will or the executors named in the will do not wish to act, an administrator of the deceased’s estate may instead be appointed. The generic term for executors or administrators is personal representative.

Technically, the executor becomes the legal owner of the estate of the deceased, although he is obliged to exercise the rights of ownership in accordance with the wishes of the deceased. The relationship between the executor and the beneficiaries of the will has some elements in common with the relationship between the trustee and beneficiary of a trust.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 10th April, 2024.