The Executor’s Step-by-Step Checklist

Being named as an executor can feel like a final expression of trust.

Then the person dies, and the title becomes a job.

There may be a home to secure, bills to manage, relatives asking questions, financial accounts to identify, and possessions that suddenly carry both monetary and emotional value. The executor may need to make decisions while grieving and while other family members are grieving too.

This is why an executor responsibilities checklist can be so useful.

Estate administration is not a single task. It is a sequence of legal, financial, practical, and interpersonal responsibilities. Some matters need immediate attention. Others cannot safely be completed until probate is granted, debts are identified, taxes are addressed, and potential claims have been considered.

The executor’s role is not to distribute everything as quickly as possible. It is to protect the estate, follow the will, meet legal obligations, keep proper records, and distribute the remaining property only when it is reasonably safe to do so.

Before You Begin: Decide Whether to Accept

Being named in a will does not necessarily mean you must accept the role.

Before taking significant action, consider:

• The size and complexity of the estate
• Whether another executor has also been appointed
• Your available time
• Your relationship with the beneficiaries
• Possible family disputes
• Business or property interests
• Overseas assets
• Potential conflicts of interest
• Whether professional assistance will be needed

A person who does not wish to act may be able to renounce the appointment before becoming involved in the administration.

The position can become more complicated once the person has started acting as executor. Selling property, collecting assets, paying beneficiaries, or making decisions that rely on executor authority may limit the ability to step away later.

Where there is doubt, obtain advice before taking control of estate property.

Immediate Executor Checklist

The first stage is about protection rather than distribution.

Locate the original will

Find the latest original signed will and any codicils.

Check:

• The date of the will
• Whether a later version may exist
• Who is appointed executor
• Whether several executors must act
• Whether replacement executors are named
• Whether the document appears complete
• Whether there are handwritten changes
• Whether staples or pages appear disturbed

Do not write on the original, repair it, remove fasteners, or rearrange its pages.

A photocopy or scan may be useful, but the original is normally important when probate is required.

Obtain the death certificate

The executor will usually need an official death certificate when dealing with financial institutions, insurers, property, investments, and the court.

Order enough certified or authorised copies for the likely administration work, while avoiding unnecessary expense.

Secure homes and other property

The executor should make sure estate assets are protected.

Immediate tasks may include:

• Locking the deceased’s home
• Collecting spare keys
• Checking doors and windows
• Securing vehicles
• Protecting jewellery and valuables
• Redirecting mail
• Arranging care for pets
• Preventing unauthorised removal of possessions
• Photographing important property
• Preserving business records
• Maintaining heating or ventilation where necessary

Do not allow relatives to remove items simply because they believe the deceased promised them something.

The executor must first establish ownership and read the will.

Check insurance

Notify relevant insurers where required and confirm that cover remains effective.

A vacant house may be subject to different policy conditions. The insurer may require regular inspections, increased security, or notification that the owner has died.

Document each conversation and follow any conditions carefully.

Deal with urgent expenses

Funeral costs, utility charges, rates, insurance, pet care, mortgage payments, and essential property maintenance may require attention.

Keep receipts for every payment.

Do not assume that paying an estate expense personally guarantees immediate reimbursement. Record the reason, amount, and supporting evidence so it can be included properly in the estate accounts.

Review the Will Carefully

The executor should read the whole document, not merely the page naming the beneficiaries.

Identify:

• Specific gifts
• Cash gifts
• The residuary beneficiaries
• Substitute beneficiaries
• Funeral or tangi wishes
• Guardian appointments
• Trusts for children
• Rights to occupy property
• Directions involving family loans
• Trustee appointments
• Administrative powers
• Conditions attached to gifts

Check whether any named executor or beneficiary has died.

Do not make assumptions about unclear clauses. A small wording difference can change whether a gift passes to a beneficiary’s children, falls into the residue, or fails entirely.

Obtain legal advice before acting on ambiguous instructions.

Build an Estate Information File

Good record-keeping should begin immediately.

Create one organised file containing:

• The original will’s storage details
• The death certificate
• A list of assets
• A list of liabilities
• Contact details for beneficiaries
• Correspondence with organisations
• Property valuations
• Insurance records
• Tax information
• Receipts and invoices
• Notes of decisions
• Court documents
• Bank statements
• Distribution records

Keep estate documents separate from personal records.

A spreadsheet or estate ledger can help track every amount received and paid, but retain the original supporting evidence as well.

Identify All Assets

The executor must determine what property forms part of the estate.

Search for:

• Bank accounts
• Term deposits
• Investments
• Shares
• Land and buildings
• Vehicles
• Business interests
• Insurance proceeds
• Retirement savings
• Personal possessions
• Intellectual property
• Digital assets
• Money owed to the deceased
• Tax refunds
• Overseas property

Review bank statements, tax records, emails, files, contracts, and correspondence.

Do not assume that everything used by the deceased belongs to the estate. Property may be held jointly, owned by a company, or held by trustees.

Executors and administrators are expected to identify estate property, deal with claims and debts, and distribute what remains to the people entitled. citeturn863410search17

Confirm How Each Asset Is Owned

Ownership determines whether an asset enters the estate.

Check whether property is:

• Owned solely by the deceased
• Held jointly with survivorship
• Held as a separate share
• Owned by a family trust
• Owned by a company
• Subject to a nominee arrangement
• Relationship property
• Secured by a mortgage or other debt

A jointly owned home may pass directly to the surviving owner, depending on the title. A share held separately may form part of the estate.

Trust assets are generally dealt with under the trust arrangements rather than the deceased’s personal will.

A surviving spouse or partner also has a prior claim to their own share of relationship property. A person cannot give away the survivor’s share through a will. citeturn863410search20

Obtain Appropriate Valuations

Significant assets should be valued as at the date of death.

Professional valuations may be appropriate for:

• Houses and land
• Businesses
• Farms
• Valuable vehicles
• Jewellery
• Artwork
• Collections
• Company shares
• Unusual investments

Valuations help with estate accounts, beneficiary decisions, tax matters, property sales, and fair distributions.

Do not rely solely on an executor-beneficiary’s personal estimate, particularly where that person wants to purchase the asset.

Identify Debts and Liabilities

The executor is responsible for dealing with valid estate debts before distributing inheritances. citeturn863410search40

Possible liabilities include:

• Mortgages
• Personal loans
• Credit balances
• Tax
• Funeral expenses
• Household accounts
• Business debts
• Legal and accounting costs
• Property maintenance
• Money owed to relatives
• Contractual obligations
• Guarantees

Check statements and correspondence carefully.

A demand for payment should not automatically be accepted merely because someone claims the deceased owed them money. Ask for supporting evidence where appropriate.

Equally, a legitimate creditor should not be ignored because beneficiaries want the estate distributed quickly.

Notify Relevant Organisations

Organisations that may need notification include:

• Financial institutions
• Insurers
• Investment providers
• Government agencies
• Utility companies
• Retirement savings providers
• The deceased’s employer
• Accountants
• Business partners
• Tenants or property managers
• Creditors
• Subscription providers

Record the date, contact person, documents requested, and next step for every notification.

Do not close accounts too quickly. Money may still be received through refunds, interest, insurance, rent, unpaid salary, or other entitlements.

Determine Whether Probate Is Needed

Probate is the High Court’s formal recognition of the will and the executor’s authority.

When probate is required, the executor named in the will applies. The application is governed by estate legislation and the High Court Rules. citeturn863410search0

Whether probate is necessary depends on:

• The type of assets
• Their value
• How they are owned
• The requirements of the organisation holding them
• Whether the estate includes land

Some smaller estates may be administered without a court grant. The relevant small-estate threshold increased from $15,000 to $40,000 following changes announced in 2025. citeturn863410search12

Do not assume that the total estate value alone answers the question. A particular asset holder may require probate, and land commonly requires formal authority.

Complete the Probate Application

A probate application may require:

• The original will
• The death certificate
• A formal application
• An executor’s affidavit
• A proposed grant
• Evidence about unusual features
• Information about other named executors

Additional affidavits may be required where:

• The will is damaged
• The original cannot be found
• An alteration appears on the document
• The signing clause is incomplete
• A later will may exist
• An executor has died or renounced
• Names do not match other records

A mistake may lead to a court requisition requesting corrections or further evidence.

The executor can apply without a lawyer, but the documents must comply with the required form and procedure.

Open and Use an Estate Account

Once appropriate authority is available, an estate bank account may be opened to receive and manage estate money.

Use it for:

• Bank balances collected
• Property-sale proceeds
• Rental income
• Investment income
• Refunds
• Insurance proceeds
• Debt repayments
• Estate expenses
• Beneficiary distributions

Never mix estate money with personal funds.

Even where the executor is the sole beneficiary, separate records remain important. Creditors, tax authorities, claimants, or replacement representatives may later need to understand the transactions.

Collect the Assets

After probate or other required authority is obtained, the executor can begin gathering in the estate.

This may involve:

• Closing bank accounts
• Transferring investments
• Collecting debts owed to the deceased
• Taking control of shares
• Registering property in the executor’s name
• Receiving insurance proceeds
• Selling or retaining assets
• Recovering estate property held by others

During administration, the executor temporarily controls estate property on behalf of the beneficiaries and must manage it responsibly. citeturn863410search27

Protect and Manage Property

Estate administration may continue for many months.

During that period, the executor may need to:

• Pay rates and insurance
• Arrange repairs
• Inspect vacant property
• Manage tenants
• Collect rent
• Maintain vehicles
• Preserve valuable items
• Review investments
• Operate or wind down a business
• Prevent avoidable loss

Major decisions should be documented.

If a house is sold, keep evidence of valuations, marketing, offers, sale decisions, commissions, legal costs, and settlement figures.

The executor should be able to explain why an asset was sold, retained, repaired, or distributed in kind.

Address Tax Responsibilities

The executor may need to finalise the deceased person’s tax affairs and deal with income earned by the estate.

Estate income may include:

• Interest
• Rent
• Dividends
• Business income
• Investment returns
• Royalties

An estate that earns taxable income may need to file an estate or trust income tax return. citeturn863410search14

The executor should:

• Notify the tax authority of the death
• Identify outstanding personal returns
• Check for tax owing or refunds
• Keep post-death income separate
• Record deductible estate expenses
• Obtain tax advice where assets are complex

The authority may also deal with student loans, child support, refunds, and other tax-related matters after being notified of the death. citeturn863410search3

Do not distribute every dollar before the estate’s tax position is understood.

Consider Relationship-Property Issues

Where the deceased had a spouse or partner, establish whether relationship-property rights affect the estate.

Questions may include:

• Was the relationship a marriage, civil union, or qualifying de facto relationship?
• Was the couple separated?
• Did a contracting-out agreement exist?
• Which assets were relationship property?
• Which assets were separate property?
• Will the survivor elect relationship-property rights or take under the will?
• Is the ownership of the family home disputed?

The answer may determine which assets belong to the estate and what the surviving partner receives.

Do not distribute partner-related assets until these issues are resolved.

Check for Claims Against the Estate

A valid will does not prevent every legal claim.

Possible claims may involve:

• Inadequate provision for eligible family members
• Promises to reward work or services
• Relationship property
• Disputed asset ownership
• Creditor claims
• Challenges to the validity of the will
• Alleged undue influence or incapacity

New Zealand court guidance recognises claims where close family members say they were not properly provided for and where someone says the deceased failed to provide a promised reward for work or services. citeturn863410search5

If the executor receives notice of a possible claim, do not distribute the disputed property without advice.

Communicate With Beneficiaries

Beneficiaries may be grieving, financially worried, or unfamiliar with estate administration.

Silence can quickly create suspicion.

The executor should provide clear, measured updates about:

• Acceptance of the role
• Whether probate is required
• Progress identifying assets
• Property sales
• Significant delays
• Tax or legal issues
• Known claims
• Likely next steps

Avoid promising an exact distribution date before the estate is ready.

Beneficiaries may ask for immediate payment, but the executor must place proper administration ahead of pressure.

Communication should be factual and consistent. Do not provide one beneficiary with confidential information about another unless disclosure is appropriate.

Handle Personal Possessions Fairly

Personal possessions often generate more conflict than money.

A watch, photograph, recipe book, tool collection, cultural item, or piece of jewellery may carry enormous emotional significance.

The executor should:

• Follow specific gifts in the will
• Prepare an inventory
• Prevent early removal
• Obtain valuations where appropriate
• Use a fair selection method
• Record what each beneficiary receives
• Sell disputed items where necessary and authorised
• Keep sentimental disputes separate from legal ownership

Do not allow the most forceful relative to control the process.

If the will gives the executor discretion, exercise it reasonably and document the chosen method.

Pay Debts and Estate Expenses

Before final distribution, pay or reserve enough money for:

• Funeral costs
• Mortgages
• Loans
• Taxes
• Legal fees
• Accounting fees
• Property expenses
• Insurance
• Court costs
• Business liabilities
• Other valid debts

If the estate appears insolvent, obtain advice before paying creditors. Legal priority rules may apply.

The executor should not choose which creditors to pay based on personal sympathy or family relationships.

Prepare Interim Estate Accounts

Do not wait until the estate is finished before organising the figures.

Estate accounts should show:

• Assets at date-of-death values
• Money received
• Property-sale proceeds
• Income earned
• Debts paid
• Administration expenses
• Taxes
• Executor reimbursements
• Interim distributions
• Assets still held
• Money reserved

Regular account preparation makes it easier to detect missing information and respond to beneficiary questions.

Decide Whether an Interim Distribution Is Safe

An interim distribution gives beneficiaries part of their inheritance before the administration is complete.

It may be reasonable where:

• Probate has been granted
• Major assets have been collected
• Debts are known
• Tax has been estimated
• No serious claim is expected
• A substantial reserve remains

It may be unsafe where:

• Property ownership is disputed
• Tax remains uncertain
• A creditor may appear
• A beneficiary has threatened a claim
• Relationship-property matters remain unresolved
• The estate may be insolvent
• Major legal expenses are possible

Once money has been distributed and spent, recovering it may be difficult.

Complete the Final Distribution Checklist

Before distributing the estate, confirm that:

• The correct will has been proved
• The executor has proper authority
• All material assets are identified
• Assets have been collected or transferred
• Valid debts have been paid
• Tax has been resolved or reserved
• Relationship-property matters are settled
• Claims have been addressed
• Beneficiaries are correctly identified
• Specific gifts are available
• Trust arrangements are ready
• A final expense reserve is retained
• Estate accounts are complete

The executor must distribute according to the will, not according to personal ideas of fairness.

If the will leaves unequal shares, the executor cannot rewrite them because beneficiaries object.

Transfer Specific Gifts

Specific gifts may include:

• Property
• Vehicles
• Jewellery
• Shares
• Artwork
• Collections
• Fixed cash amounts

Confirm that the estate still owns the asset and that the gift has not failed.

Record:

• The asset transferred
• The beneficiary
• The date
• The agreed value
• Any receipt or acknowledgement
• Any debt attached to the asset

Where the asset is worth more or less than expected, follow the will rather than informally equalising the beneficiaries unless there is proper authority.

Establish Testamentary Trusts

If the will creates a trust, the executor or trustees may need to:

• Identify the trust property
• Open accounts
• Transfer investments
• Record trustee appointments
• Confirm beneficiary details
• Adopt an investment approach
• Establish tax and accounting systems
• Prepare distribution policies
• Retain the governing documents

The estate administration may end while trustee responsibilities continue for years.

Executors and trustees may be the same people, but the records for the continuing trust should be clearly separated from the completed estate administration.

Pay the Residuary Beneficiaries

Once specific gifts, debts, expenses, taxes, and trusts have been dealt with, calculate the residue.

Check that:

• Percentages add up correctly
• Substitute provisions have been applied
• Deceased beneficiaries are handled correctly
• Interim distributions are deducted
• Income and expenses are allocated appropriately
• Final reserves are sufficient

Provide beneficiaries with a clear distribution statement.

Obtain signed receipts or acknowledgements where appropriate.

Finalise the Estate Accounts

The final accounts should show the complete movement of the estate from death to distribution.

They should explain:

• What the deceased owned
• What was collected
• What was sold
• What income was earned
• What debts and costs were paid
• What each beneficiary received
• What remains, if anything

Keep supporting records securely after administration ends.

Tax, beneficiary, court, or liability questions may arise later.

Avoid These Common Executor Mistakes

An executor should not:

• Distribute property immediately after the funeral
• Mix estate and personal funds
• Remove assets for personal use
• Favour one beneficiary
• Ignore debts
• Pay questionable claims without evidence
• Sell assets to themselves without safeguards
• Let insurance lapse
• Delay without explanation
• Make undocumented cash payments
• Rewrite the will
• Hide information
• Destroy estate records
• Charge an unauthorised fee
• Ignore professional advice

An executor who breaches their duties may face claims, removal, or personal liability.

Good intentions do not protect an executor who handles estate property carelessly.

The Executor’s Core Responsibilities

The complete checklist can feel overwhelming, but the role rests on a few central principles:

Protect the property.

Identify what the estate owns and owes.

Obtain the required authority.

Keep accurate records.

Treat beneficiaries properly.

Pay debts, taxes, and expenses.

Address legal rights and claims.

Follow the will.

Distribute only when reasonably safe.

An executor does not need to complete every technical task alone. Legal, accounting, valuation, property, tax, and business assistance may be appropriate.

Seeking qualified help is not a failure. Continuing without help when the estate is beyond the executor’s knowledge can be far riskier.

The best executor is not the person who moves fastest. It is the person who moves carefully, keeps the process visible, and can explain every important decision when the estate is finally complete.

Frequently Asked Questions

1. What is an executor’s first responsibility?

The executor’s first responsibilities are usually to locate the original will, confirm the appointment, secure estate property, obtain the death certificate, and protect assets from loss or unauthorised removal.

2. Does an executor always need probate?

No. Whether probate is needed depends on the type, value, and ownership of estate assets and the requirements of the organisations holding them. Estates involving land commonly require formal court authority.

3. Can an executor use estate money to pay expenses?

Yes, estate money can generally be used for properly incurred administration expenses, debts, funeral costs, taxes, property maintenance, and professional assistance. Every payment should be supported by records.

4. Can an executor give beneficiaries an early payment?

An interim distribution may be possible where the estate has enough money to cover remaining debts, taxes, expenses, and claims. The executor should retain an adequate reserve and avoid distributing where major uncertainties remain.

5. Must an executor keep beneficiaries updated?

An executor should communicate appropriately and administer the estate transparently. Beneficiaries do not control every decision, but unexplained silence and unreasonable delay can create concern and conflict.

6. Can an executor sell the deceased’s home?

An executor may be able to sell estate property where the will and law provide authority and a sale is needed or appropriate. The executor should obtain suitable valuations, protect the property, and avoid conflicts of interest.

7. Can an executor be personally liable?

Yes. Personal liability may arise if an executor distributes too early, misuses funds, ignores known claims, fails to protect property, breaches duties, or cannot account for estate assets.

8. When is an executor’s job finished?

The role is usually complete when the estate assets have been collected, debts and taxes addressed, claims resolved, accounts prepared, trusts established where required, and the remaining property distributed according to the will.