An executor has various statutory obligations in relation to the Will maker’s estate. An executor must:

• Collect and attend to the deceased’s real and personal estate which includes administering it in accordance with the law;
• Provide a full inventory of the estate and render an account of their administration of the estate when required by the Court;
• Deliver up the Grant of Probate or the Letters of Administration, when required by the Court;
• Distribute the deceased’s estate to the beneficiaries under the Will as soon as practical; and
• Pay interest on any general legacies in the Will (at a rate of 8 per cent per annum).

These are the main statutory duties and obligations for executors. However there are other duties the executor may also have to perform such as:

• Arranging the deceased’s funeral;
• Locating the Will and advising beneficiaries of their entitlements;
• Applying to the Supreme Court of Queensland for Probate of the Will;
• Obtaining valuations of the Will maker’s assets;
• Maintaining and protecting the Will maker’s assets;
• Finalising any of the estate’s debts or liabilities;
• Transferring or selling assets;
• Representing the estate in any Court action.

After the death of the Will maker an executor will need to locate the Will and this is where AUSTRALIAN WILL REGISTER can assist. If you do not already have the original Will or a copy of the Will you can obtain a certified copy of the Will from the AUSTRALIAN WILL REGISTER by sending a certified copy of the death certificate and verification of your identity to [email protected]. We will then process your application and send a certified digital copy of the Will or send to you the original last Will (if we have been instructed to retain the original Will by the Will maker).

To make an application for a certified copy of the Will click here