The Executor’s First Seven Days

The first call may come before sunrise.

A parent, sibling or close friend has died, and somewhere in the first few stunned conversations, someone says, “You are the executor. What do we do now?”

That question can feel overwhelming. The will may be locked away. Family members may disagree about the funeral. The deceased’s home may be empty, pets may need care, and bills may still be leaving a bank account nobody knows whether they can touch.

The good news is that an executor does not need to administer the entire estate during the first week. Probate does not need to be completed immediately, beneficiaries do not need to be paid, and every asset does not need to be valued within seven days.

The first week has a narrower purpose: establish authority, protect the deceased’s property, deal with urgent funeral matters, notify key organisations and create a reliable record of what has been done.

## Day One: Confirm the Death and Slow the Process Down

The hours immediately after a death are usually emotional and disorganised. Information may pass quickly between relatives, and people may begin making decisions before anyone has located the will.

An executor’s first useful skill is not speed. It is calm.

Confirm who is managing the immediate medical and practical requirements. Depending on where and how the person died, health professionals, emergency services, the coroner or a funeral director may already be involved.

A medical certificate stating the cause of death will ordinarily be required before the death can be registered, unless the death is referred for investigation. A funeral director commonly assists with registration and burial or cremation arrangements. Where no funeral director is involved, the person responsible for the arrangements may need to ensure that the registration requirements are completed.

Do not confuse the death certificate with the medical certificate. The death certificate is an official record that can later be ordered for estate-administration purposes. Banks, insurers and other organisations may require it.

During the first day, create a simple notebook or digital file recording:

– The date, time and place of death
– Who has been notified
– Who is caring for the deceased’s home, animals and vehicles
– Where the will may be stored
– Immediate expenses
– Important conversations and decisions
– The location of keys, identification and personal papers

Grief affects concentration and memory. Written records prevent important details from becoming dependent on what exhausted people think they remember.

## Locate the Will as Soon as Reasonably Possible

The executor’s authority comes from the will, although probate may later be needed as formal proof of that authority when dealing with land, banks and other asset holders.

Search for the latest original signed will. Likely locations include:

– A secure drawer or filing cabinet
– A home safe
– A document-storage facility
– The office of the person who prepared the will
– A bank safe-deposit arrangement
– Personal papers marked “will” or “estate”
– Correspondence referring to estate planning

Do not stop searching merely because a photocopy has been found. A copy can provide useful information, but a standard probate application usually requires the original document.

Check whether the will names:

– One or more executors
– Substitute executors
– Funeral wishes
– Guardians for children
– Specific gifts
– A person who may know where later documents are stored

Look for codicils as well. A codicil is a formal amendment that may change an executor, alter a gift or update another part of the will.

Handle the original carefully. Do not remove staples, attach sticky notes, repair tears, write on the pages or rearrange anything. The physical condition of the document may matter if questions arise during probate.

If several wills are found, preserve all of them and identify the most recent by date. Do not destroy an older document simply because a newer one appears to exist.

## Confirm Who Is Entitled to Act

Family members do not become executors merely because they are the deceased’s closest relatives or most organised helpers.

The executor is the person or organisation appointed by the will. If there is no valid will, or no appointed executor can act, someone may need to apply for letters of administration rather than probate. The High Court process formally confirms who is authorised to administer the estate. citeturn486722search0turn486722search27

Where several executors are named, contact each of them promptly. One executor should not make major unilateral decisions without understanding whether the others are expected to act jointly.

A named executor may decide not to accept the position. However, anyone considering renunciation should obtain legal advice before taking substantial steps in the administration. It can become harder to renounce after acting in a way that clearly assumes the executor role.

Urgent protective actions should still be taken. The house should not remain unlocked simply because the executors are discussing who will apply for probate.

## Funeral Authority: Who Makes the Decisions?

Funeral arrangements are often the most urgent and emotionally sensitive first-week responsibility.

In New Zealand, the executor generally has the primary legal authority to make decisions about the disposal of the deceased’s body, including burial or cremation. If there is no executor able to act, that responsibility may fall to an administrator or another person recognised by law.

The executor should take the deceased’s recorded wishes seriously and consider the views of immediate and wider family, including cultural, spiritual and religious practices. However, funeral directions in a will are generally wishes rather than strictly binding property instructions. citeturn486722search12turn486722search23

This distinction does not give an executor permission to ignore the family unnecessarily. A sensible executor will usually consult, explain decisions and seek agreement wherever time permits.

Disputes may arise over:

– Burial or cremation
– The location of burial
– Cultural or religious ceremonies
– Viewing and access to the body
– Whether the deceased wished to be returned to another region or country
– The scale and cost of the funeral
– The handling of ashes

Where disagreement becomes serious, obtain urgent legal advice. Funeral disputes are highly time-sensitive, and once burial or cremation has occurred, the decision may be difficult or impossible to reverse.

## Keep Funeral Costs Proportionate

Reasonable funeral expenses are generally payable from the estate. That does not mean every arrangement requested by relatives must be approved regardless of cost.

Before signing a funeral contract, consider:

– The known size of the estate
– Whether substantial debts may exist
– The deceased’s expressed preferences
– Whether the proposed services are reasonably connected with the funeral
– Who is entering the contract
– When payment is required
– Whether the bank may pay the invoice directly

An executor should be especially cautious where the estate may be insolvent. A costly funeral cannot safely be authorised on the assumption that “the estate will cover it” when nobody yet knows what the estate owns or owes.

Keep the full quotation, contract, invoice and proof of payment.

If a relative pays personally, record that the payment is intended to be claimed as an estate expense. Reimbursement will depend on the cost being reasonable, properly incurred and payable by an estate with sufficient funds.

## Secure the Deceased’s Home

Once immediate funeral arrangements are underway, the executor should protect the deceased’s property.

An empty home can attract burglary, accidental damage and unauthorised removal of belongings. Insurance cover may also be affected when a home becomes unoccupied or the policyholder dies.

Practical steps may include:

– Locking doors, windows, garages and sheds
– Collecting spare keys
– Changing locks where keys cannot be accounted for
– Checking alarms and security systems
– Informing the insurer of the death and changed occupancy
– Photographing rooms and valuable objects
– Removing cash, jewellery and portable valuables to secure storage
– Collecting mail
– Arranging lawn, garden or essential property care
– Checking for leaks, spoiled food and electrical hazards
– Maintaining necessary heating or ventilation
– Recording meter readings where useful

Do not begin clearing the house during the first week unless there is a genuine need.

Family members may say, “She always wanted me to have this,” and attempt to remove jewellery, artwork, furniture or sentimental belongings. The executor should politely stop informal distribution until ownership and the terms of the will have been confirmed.

Even an object with little market value can become the centre of a serious dispute.

Create a written record of anything removed for safekeeping, including its description, location and the person holding it. Take photographs where appropriate.

## Arrange Care for Pets and Other Dependants

Animals cannot wait for probate.

Confirm who is feeding, housing and caring for pets or livestock. Record any veterinary, food, transport or boarding expenses.

Check the will for instructions, but also confirm whether any proposed caregiver is willing and able to take responsibility. A statement that a particular person should receive a pet does not guarantee that the person can accept it.

Where the deceased was caring for a child, dependent adult or vulnerable person, contact the appropriate family members and services immediately. The executor’s estate role does not automatically give them guardianship or personal decision-making authority, but urgent welfare concerns must not be ignored.

## Protect Vehicles and Valuable Equipment

Locate all vehicles, trailers, boats, tools and machinery owned or used by the deceased.

Record:

– Registration details
– Location
– Keys
– Current condition
– Insurance
– Finance owing
– Who else may claim ownership
– Whether the item is needed for a business or farm

Do not allow relatives to drive a vehicle simply because they expect to inherit it. Insurance may not cover them, finance may be outstanding, and the vehicle may need to be sold to pay estate debts.

Move an item only when necessary for security or preservation, and document the reason.

## Notify Banks, but Do Not Use the Deceased’s Access

Banks should usually be told of the death reasonably promptly.

Once notified, a bank will commonly restrict accounts held solely in the deceased’s name. This protects the funds until the bank is satisfied that it is dealing with a legally authorised person.

The bank may ask for:

– Proof of death
– Identification
– A copy of the will
– Details of the executor
– A certified death certificate
– Probate at a later stage
– Its own deceased-estate forms

The exact procedure differs between institutions.

An executor must not use the deceased’s card, personal identification number, online banking password or mobile banking access. Even when the intended payment is legitimate, pretending to transact as the deceased can create legal, accounting and security problems.

A power of attorney also ends when the person who granted it dies. A former attorney cannot continue using that authority to operate accounts.

Ask the bank whether it can:

– Pay the funeral invoice directly
– Provide a date-of-death balance
– Identify other accounts or liabilities
– Explain which automatic payments will continue
– Confirm whether probate is likely to be required
– Supply the documents needed for the probate application

New Zealand guidance recognises that a bank may be able to release money for funeral costs before the wider estate is available. The bank will determine what evidence it needs and whether payment will be made directly to the funeral provider. citeturn486722search1

## Review Automatic Payments Carefully

Do not cancel every payment immediately.

Some expenses may need to continue to protect the estate, including:

– House and vehicle insurance
– Mortgage payments
– Rates arrangements
– Security monitoring
– Electricity
– Storage costs
– Essential animal care
– Necessary business expenses

Others may no longer serve any estate purpose, such as entertainment subscriptions, optional memberships and personal services.

Contact the provider through its deceased-customer procedure rather than logging into the deceased’s account.

Some direct debits may stop automatically when the bank restricts the account. Confirm the position instead of assuming that essential bills are still being paid.

## Notify the Insurer Immediately

Insurance deserves separate attention because delay can create a major financial risk.

Tell the insurer:

– That the policyholder has died
– Whether the property is now unoccupied
– Who is checking the property
– Whether anyone else is living there
– Where vehicles are stored
– Whether a business has stopped operating
– Whether security arrangements have changed

Ask for written confirmation that cover remains in place and comply with any new conditions, such as regular property inspections.

Do not cancel insurance because the executor expects the house or vehicle to be sold. A fire, flood, burglary or accident before the sale could cause a loss far larger than the premium saved.

## Do Not Pay Beneficiaries

No inheritance should normally be distributed during the first week.

At this stage, the executor is unlikely to know:

– The full value of the estate
– The amount of debt
– Whether tax is outstanding
– Whether the will is the latest valid will
– Whether jointly used assets belong to the estate
– Whether a surviving partner has separate property rights
– Whether anyone may challenge the estate
– Whether probate is required

Even a “small advance” is a distribution. If the money is later needed for a funeral, creditor or legal claim, the executor may have to recover it.

The same caution applies to personal possessions. Nothing should be handed out merely to keep the peace.

## Start an Asset and Debt List

The first-week inventory does not need to be perfect. It should be detailed enough to reveal what requires immediate attention.

List possible assets such as:

– Homes and land
– Bank accounts
– Investments
– Retirement savings
– Vehicles
– Business interests
– Life insurance
– Valuable contents
– Money owed to the deceased
– Overseas property
– Digital assets

Then list possible debts:

– Mortgages
– Loans
– Credit cards
– Rates
– Utilities
– Tax
– Funeral expenses
– Medical or care costs
– Business obligations
– Guarantees

Mark each item as confirmed, estimated or still being investigated.

Do not assume that property used by the deceased belonged to them personally. A home may be jointly owned, a vehicle may be financed, and business assets may belong to a company or partnership.

## What Should Wait Until After the First Week?

Several tasks are important but rarely need to be completed immediately:

– Preparing the full probate application
– Obtaining formal valuations
– Selling the house
– Closing investment accounts
– Completing final tax returns
– Advertising or selling personal property
– Paying ordinary unsecured creditors
– Distributing inheritances
– Closing digital accounts permanently

The executor should preserve evidence and obtain information before making irreversible decisions.

Closing an email account, wiping a device or destroying paperwork may remove records needed to identify assets, debts or family communications.

## A Practical Seven-Day Checklist

By the end of the first week, a careful executor should aim to have:

– Located or begun searching for the original will
– Confirmed the named executors
– Preserved every will and codicil found
– Addressed funeral and burial or cremation arrangements
– Secured the home and valuable property
– Arranged care for animals and urgent dependants
– Notified insurers
– Contacted relevant banks
– Avoided using the deceased’s cards or passwords
– Started an asset and debt inventory
– Created a record of expenses and decisions
– Prevented premature distribution
– Identified issues requiring professional advice

That is enough.

The first week is not a race to finish the estate. It is the foundation on which every later decision will rest. A locked door, a preserved document and a carefully recorded phone call may seem small, but those actions can prevent months of conflict and financial loss.

## Frequently Asked Questions

### 1. Does an executor have authority immediately after death?

The executor’s appointment arises from the will, but banks, land registries and other organisations may require probate before accepting that authority for major transactions. The executor can still take urgent steps to arrange the funeral and protect estate property.

### 2. Does the executor have the final say over the funeral?

The executor generally has primary authority over burial or cremation arrangements. The deceased’s wishes and the family’s cultural, religious and personal views should be considered, although funeral directions in a will are not usually strictly binding.

### 3. Should the bank be notified during the first week?

Banks should normally be notified reasonably promptly so sole accounts can be protected. The executor should ask about funeral payments, account information and probate requirements, but must not use the deceased’s card or login details.

### 4. Can funeral expenses be paid before probate?

A bank may agree to pay an approved funeral invoice directly from the deceased’s account before probate. Alternatively, someone may pay personally and later seek reimbursement from the estate. Receipts and evidence of payment must be kept.

### 5. Can relatives take belongings from the deceased’s house?

They should not remove estate property without the executor’s approval and a proper record. The item may be specifically gifted, jointly owned, valuable or needed to pay debts. Sentimental importance does not remove the need for careful administration.

### 6. Should all automatic payments be cancelled immediately?

No. Insurance, security, mortgage, rates and essential utility payments may need to continue. Each payment should be reviewed individually, and providers should be contacted through their deceased-customer procedures.

### 7. Can an executor sell property during the first week?

Major sales should rarely be rushed. The executor must confirm ownership, authority, value, insurance and the estate’s needs. Probate will commonly be required before land held solely by the deceased can be transferred or sold.

### 8. What if the original will cannot be found?

Preserve any copy and conduct a careful search of the deceased’s home, secure storage and professional records. Do not assume the copy can be used for ordinary probate. A missing original may require additional evidence and legal advice.