General information only — not legal advice. This guide gives the short answer to what an executor does. The full detail — including duties and powers under New Zealand law — is in our guide on executor duties and powers. If you are acting as an executor, get advice from a qualified New Zealand lawyer where the estate is complex.
The short answer
An executor is the person named in a will to carry out the will-maker’s wishes after they die. Their job is to collect the estate’s assets, pay its debts and expenses, and distribute what remains to the beneficiaries — all honestly, carefully, and in accordance with the will.
The job step by step
In practical terms, an executor:
- finds and looks after the original will and related documents;
- arranges the funeral or tangi if no one else has done so, in line with the family’s wishes;
- works out what the estate owns and owes;
- applies for probate — the court authority to deal with the estate — where it is needed;
- collects assets such as bank accounts, property, shares and personal possessions;
- pays the estate’s valid debts, expenses and taxes;
- distributes the remaining estate to beneficiaries according to the will; and
- keeps clear records and accounts of everything done.
Duties in short
An executor owes duties to the estate and its beneficiaries, including:
- acting honestly and in good faith;
- acting in the best interests of the estate, not their own;
- keeping estate money and property separate from their own;
- acting without unreasonable delay; and
- paying valid debts before distributing anything.
Powers in short
To do the job, an executor has powers — from the will, from legislation such as the Administration Act 1969, and where necessary from the court. These typically include collecting and selling assets, closing bank accounts, dealing with debts, transferring assets to beneficiaries, and getting professional advice at the estate’s expense.
How long it takes
Estate administration is rarely quick. Applying for probate alone can take weeks or months, and the whole process — from death to final distribution — often takes many months. An executor can get help from a lawyer or accountant, and the reasonable cost is usually paid from the estate.
Can an executor decline?
Yes. Being named as an executor does not force someone to act. A person who does not want the role can renounce, usually before they begin. That is why wills should name a backup executor — and why you should always ask someone before naming them.
The bottom line
An executor is the person who turns a will into reality: collecting the assets, paying the debts, and distributing what remains to the people named. It is a position of trust and responsibility that takes months of careful work. For the full detail on duties, powers and pitfalls, see our guide on executor duties and powers, and our guide on choosing an executor.