Executor Advice Lawyers Penrith
Clear, practical guidance when you have been named as executor
Being named as an executor is a sign of trust, but it also comes with legal duties. Our Penrith estate lawyers explain what you need to do, when you need to do it, and how to protect yourself from personal liability while you carry out the wishes of the person who has passed away.
Reviewed by Jacinta Watkins, Partner – Estate Planning and Deceased Estates. Last updated November 2026.
Penrith Office
Ground Floor, Suite 4 291/295 High St, Penrith NSW 2750
Mon-Fri, 9am-5pm
In person, phone or video consultations
Call: 1300 252 529 Get Directions
You don’t have to administer an estate on your own. We can guide you through each step, or take care of the administration for you.
What Does an Executor Do?
An executor is the person named in a Will to manage the deceased’s estate. Their role is to carry out the terms of the Will, act in the best interests of the beneficiaries, and keep the estate’s affairs in order until everything has been distributed.
In NSW, an executor’s key duties usually include:
- Locating the original Will and making sure the funeral is arranged
- Identifying and protecting the estate’s assets
- Applying to the Supreme Court of NSW for a Grant of Probate, where it is required
- Collecting the assets, paying the debts and lodging the final tax returns
- Keeping proper records and accounts of the estate
- Distributing the estate to the beneficiaries in line with the Will
You can find out more about the full process on our Deceased Estates page.
How Our Executor Advice Can Help
Every estate is different. Some are simple, while others involve real estate, a business, a family trust, overseas assets or family tension. We give advice tailored to your situation, including:
- Explaining your duties and the order in which to do things
- Advising whether Probate is needed at all
- Publishing the notice of intended application and preparing the Probate application
- Dealing with banks, superannuation funds, share registries and NSW Land Registry Services
- Advising on executor’s commission and the reimbursement of expenses
- Responding to family provision claims and disputes with beneficiaries
- Advising you if you want to renounce, or step back from, the role
Protecting Yourself as an Executor
Executors can be held personally liable if they distribute the estate too early, pay the wrong people, or fail to deal with debts and claims properly. A few simple precautions can protect you:
- Do not distribute the estate until at least six months after the date of death and after a notice of intended distribution has expired
- Keep estate money in a separate estate account, never mixed with your own
- Keep receipts and a record of every transaction
- Check whether anyone may be eligible to make a family provision claim, which must generally be filed within 12 months of the date of death
- Get advice before selling property or making any early distributions
Do You Have to Accept the Role of Executor?
No. If you have been named as executor, you are not obliged to act. You can renounce your right to apply for Probate, provided you have not already started dealing with the estate’s assets (known as “intermeddling”).
If you are unsure whether to take on the role, or you have already started and now want to step back, speak with us early so we can explain your options.
Can an Executor Be Paid?
An executor is entitled to be reimbursed from the estate for reasonable out-of-pocket expenses. An executor may also be entitled to commission for their time and effort, either with the agreement of the beneficiaries or by order of the Supreme Court. Sometimes the Will itself sets out how the executor is to be paid.
We can advise you on what is fair and reasonable in your circumstances.
Named as an executor? Talk to our Penrith estate lawyers today.