What is an executor?
An executor is named in a will as the person the will-maker appoints to administer their estate after their death and to carry out the terms of their will.
Executors have a number of responsibilities. Their first task is usually to locate the will-maker’s most recent will and, through their lawyer, apply for a grant of probate, so they have authority to manage the estate. Where a will doesn’t name an executor, or they are unwilling or unable to take on the role, an application must instead be made for a grant of administration, and that person will be known as an administrator. Their role is the same as an executor’s role.
Once the executor has authority to do so, they must identify estate assets and bring them into the estate. This means putting those assets into the name of the estate, closing bank accounts, withdrawing KiwiSaver, selling shares and, in many cases, selling land or property. Sometimes executors need to recover estate assets by filing claims in court. Executors are also responsible for paying any estate debts and liabilities.
Executors must also comply with any other legal obligations, such as keeping detailed records, providing information to certain people, filing tax returns and following any court orders.
Is an executor a trustee?
An executor’s role is similar to, but not the same as, the role of a trustee. Three key similarities are:
- Executors and trustees must both act in the interests of the beneficiaries, rather than in their own interests
- They must follow the terms of the will or trust document, and
- They cannot be paid for their role unless the will or trust document allows this.
An executorship typically lasts until all of the estate assets have been identified and brought into the estate, all debts have been paid, and any litigation about the validity or terms of the will, or how the estate should be distributed, has finished.
After all those steps are completed, an executor ‘transitions’ to become a trustee. At that stage the executor has become a trustee and holds the estate assets on trust for the beneficiaries of the estate. Once certain time limits have passed, the estate assets will usually need to be distributed to the beneficiaries.
Distribution
An executor’s role is often thought to come to an end when the estate assets are distributed to the beneficiaries. This is known as ‘final distribution.’ Usually, there is nothing left for an executor to do at this point.
However, the role of executor (or administrator) never truly comes to an end. Unless an executor or administrator is appointed by the court for a limited period or purpose, it is an appointment which lasts for life. After the final distribution, the executor role essentially becomes dormant as there are no more assets for the executor to administer. In some cases, though, that will change unexpectedly.
As set out in a 2023 case,[1] further assets might be discovered which need to be administered by an executor or administrator. This may happen when the will-maker:
- Had assets in multiple countries, such as bank accounts, some of which were not discovered immediately after their death
- Was entitled to an inheritance, but payment was delayed for many years (for example, until a house was sold or a different relative died), or
- Became entitled to an insurance or compensation payment some years after their death, but which was not originally known about at the time of their death (for example, as an insurance policy was held overseas).
When an estate receives new assets, this will revive the role of the executor or trustee, even if that role had previously come to an end.
The good, and the bad
An executor’s role can also be revived for less happy reasons. Sometimes a new liability is discovered after all the assets have been distributed; the executor is responsible for dealing with this. As long as the executor has advertised for creditors under section 79 of the Trusts Act 2019, they will usually be protected from being personally responsible for paying the liability.
This illustrates the importance of attending to the estate administration thoroughly, and taking legal advice before making a final distribution – or what you might think is a final distribution!
Conclusion
Being an executor is a big responsibility, and it is not always over when you think it has been completed. If you are considering who to name as executor in your will, you should be aware that the role is very important and can last longer than expected.
If you are named as an executor, think carefully before accepting the role, and to take legal advice if you are unsure about anything.
[1] Schischka v Schischka [2023] NZHC 2275 at [60].
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Copyright, NZ LAW Limited, 2025. Editor: Adrienne Olsen. E-mail: [email protected] M: 029 286 3650
