Over 52% of Australians haven’t created a will, often because they’re stuck on one thing: choosing an executor [Australian Bureau of Statistics]. That decision alone can hold people back from completing one of the most important legal documents of their lives.

And that’s completely understandable. Naming someone to manage your estate, deal with family, handle debts, and make legal decisions after you’ve gone? That’s a big ask. It’s personal, emotional, and potentially complicated.

Securator Legal works with clients across Australia who face this exact dilemma. With the right framework, it’s possible to make this decision with clarity and confidence.

In this guide, you’ll learn what an executor actually does, how to choose someone you trust, what to do if no one feels quite right, and how to plan for the “what ifs.” You’ll even get advice on how to talk about it without making things awkward. Ready? Let’s take the pressure off together.

Understanding the Executor’s Legal and Practical Role

An executor is the person legally appointed to manage and finalise your estate after your death. They become the legal and emotional anchor of the process, responsible for honouring your will, meeting legal obligations, and helping your loved ones navigate a challenging time.

Here’s where their responsibilities begin:

• Applying for probate: This is the legal step that gives your executor the authority to act on your behalf. It’s not automatic, and it involves paperwork, court processes, and timing.
  
• Paying debts and managing finances: Your executor must settle any outstanding bills, from the mortgage to unpaid utilities or credit cards. In some cases, they may even need to negotiate with creditors or manage the sale of assets to cover costs.
  
• Safeguarding and distributing the estate: This includes tasks like selling property, managing investments, and keeping family heirlooms safe until they’re passed on. The process must be handled carefully to comply with the law and your will’s instructions.

You might be thinking, “That sounds like a full-time job,” and for a short while, it often is. Executors handle family emotions, long email threads, legal deadlines and sometimes even conflict, all while managing their own grief.

When you’re choosing an executor, it’s worth focusing on someone who brings both calm and capability to the table. This role needs a steady hand, practical thinking, and emotional maturity.

How to Choose a Trusted Executor

The best way to choose a trusted executor is to focus on someone reliable, emotionally steady and available. They need to be capable of handling both legal details and family dynamics with care.

You might already have a few people in mind or maybe no one feels quite right yet. The points below will help you weigh up the pros and cons, from dependability and availability to long-term readiness. If you’re confused where to start, this is a good place to pause, reflect and narrow your shortlist with clarity.

Reliability

If you’re feeling stuck on who to name, remember that the right choice isn’t always the closest person to you. It’s the one who can stay calm under pressure and handle practical matters without being overwhelmed. A trusted executor is someone who takes action, stays organised and communicates clearly, especially during tense situations.

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Availability

Think about whether this person can realistically take on the role. Executors often need to manage tasks for several months or longer. If your top choice travels constantly or lives overseas, even minor tasks like signing papers could become delays. For estates with property, multiple heirs or business assets, availability becomes even more important.

Age and Health

It’s wise to consider age and health, not because older people can’t do the job, but because the role may not commence for years to come. Someone younger may be a better long-term option, especially if they’ve shown maturity and decision-making skills already. You’re looking for a balanced combination of capability and foresight.

Professional Help

This happens more often than you’d think. If no family or friend fits the bill, a professional executor may be the solution. Legal professionals, including firms like Securator Legal, can step into the role with experience, neutrality and structure. They know the process, handle disputes fairly and keep emotions out of decision-making.

Having the Conversation With Your Executor

It’s important to talk to your chosen executor before making it official. This avoids surprises and helps set clear expectations from the beginning.

It might feel a little strange, even uncomfortable, to bring it up. But talking to your chosen executor before making it official is one of the most important steps you can take. Not only does it avoid confusion later on, it also helps set expectations clearly from the outset.

Most people don’t expect to be asked. It’s not exactly light weekend conversation. But imagine appointing someone in your will only for them to decline, or worse, fumble through the role with no preparation. That’s a situation nobody wants. A calm, upfront conversation today can save your family significant stress down the track.

Start with honesty. You might say something like, “I’ve been working on my will, and I really trust you to help carry out what matters to me.” Let them know you value their steadiness, not just their closeness to you. Avoid pressure. This is about trust, not obligation.

They don’t need to have all the answers now. Reassure them that you’ll include the details in your will, and that professionals such as solicitors and accountants will be available to help when the time comes.

Lastly, be clear about what’s involved. Managing paperwork, dealing with probate, speaking to beneficiaries, and sometimes selling property are all possible tasks. Ask if they feel comfortable with the responsibility. And if they’re confused? That’s okay too. The goal is clarity and consent, not blind agreement.

Co-Executors and Backup Plans

You can name more than one executor in your will. This can be helpful in some situations, but it also comes with challenges. In this section, we’ll look at when it makes sense to appoint co-executors and why having a backup executor is just as important.

Co-Executors

Sometimes it feels right to name two people instead of one. You might want to balance strengths, such as a friend who’s organised and a sibling who understands the family dynamic. Co-executors can share the workload, and that can make a tough job feel more manageable.

But there’s a catch. 

Co-executors must act together, which means every major decision needs agreement. That’s fine when they work well as a team, but if they don’t see eye to eye, it can slow everything down or even cause conflict. Imagine trying to sell a property when one person hesitates, or explaining a delay to grieving family members.

If you’re thinking of naming two executors, make sure they have mutual respect and a shared sense of responsibility. Ideally, they’ve worked through challenges together before. In our experience, spelling out their roles clearly is the best way to handle this situation. 

For example, one person can handle paperwork, while the other keeps in touch with the family. It’s your estate, so set it up in a way that avoids tension later.

Alternate Executors

Life doesn’t always go to plan. Someone who seems like the perfect executor today might not be in a position to help years from now. That’s why having a backup, a trusted alternate, is so important.

Think of your alternate as the “just in case” option. If your chosen executor is unwell, unavailable, or unwilling to take on the role when the time comes, the alternate can step in. There is no confusion and no court-appointed stranger making decisions about your estate.

This is especially useful if your primary executor is older, lives interstate, or has a health condition that could change over time. Even if everything goes smoothly, naming a capable second choice brings peace of mind, both for you and for your loved ones.

What If You Don’t Have Anyone Suitable?

If no one in your life feels like a good fit, you can appoint a professional executor such as a solicitor, accountant or trustee company.

This is more common than you might think. Not everyone has a family member or friend who is both willing and capable. That’s where professionals can step in with structure, experience and neutrality.

Why choose a professional executor?

• They have no emotional ties, which means fewer complications and no favouritism
  
• They understand the legal process, from probate to debt settlement and asset distribution
  
• They are equipped to manage conflicts, paperwork and tax obligations with confidence
  
• They follow established procedures that make things easier for beneficiaries

For example, a professional executor already knows how to handle estate tax lodgements, negotiate with creditors or deal with delayed probate without causing extra stress for the family.

What should you ask before appointing one?

• What services do they include?
  
• How are their fees calculated?
  
• Do they have experience with estates similar to yours?

You can reach out to legal firms like Securator Legal to explore this option further and ask these questions upfront. That conversation can help you feel more comfortable with the idea and decide whether it’s right for your estate.

Executor Decision Checklist

A good executor is organised, available and prepared to follow through with legal and personal responsibilities.

Use this checklist to help confirm your decision or to guide your conversation with a solicitor if you’re still unsure.

Ask yourself:

• Have I chosen someone I trust to carry out my wishes responsibly?
  
• Are they likely to be available and capable when the time comes?
  
• Have I asked them directly, and are they comfortable with the role?
  
• Is there a backup in case my first choice can’t or won’t serve?
  
• Have I documented this clearly in my will?
  

You can also check in with Securator Legal to get advice on what makes an executor a strong choice, especially if your situation has a few complexities.

Your Next Step in Choosing an Executor

Choosing an executor is a serious decision, and it can feel like a lot to process at first.

Still, it’s one of the most thoughtful and practical steps you can take for your family. By picking the right person or engaging a professional, you are making sure your wishes are respected and your loved ones have one less thing to worry about during a difficult time.

You can begin by making a shortlist, having some honest conversations and speaking with a solicitor for guidance. A quick discussion with a firm like Securator Legal can help clarify your options and give you confidence in your decision.

Taking action now will help avoid confusion, stress and delays for your family later on. That kind of preparation speaks volumes, and they’ll be grateful you did it.