An executor (appointed in a will) or administrator (appointed by the court on intestacy) is the personal representative of the deceased — the legal officer responsible for collecting the estate, paying debts and distributing assets to beneficiaries. This is a position of trust with significant legal responsibilities.
Duties of a Personal Representative
Collection of assets: The personal representative must identify and take possession of all estate assets — land, bank accounts, shares, vehicles, business interests, debts owed to the deceased.
Payment of debts: Before distribution to beneficiaries, the estate's debts must be paid in the statutory order of priority: funeral and testamentary expenses, then taxes, then other secured debts, then unsecured creditors. Distributing assets before paying debts can render the personal representative personally liable to creditors.
Rendering accounts: The personal representative must keep detailed records and produce accounts for the beneficiaries and, on application, for the court.
Distribution: Once debts are settled and the grant confirmed, the personal representative distributes the estate according to the will or the intestacy rules.
Powers of an Executor
An executor has the power to: sell estate property, invest proceeds, compromise claims, bring and defend legal proceedings, and exercise any power expressly granted in the will. These powers are conferred by the Law of Succession Act and the Trustees Act.
Choosing an Executor
An executor should be: trustworthy, organised, in good health, familiar with the testator's affairs, and willing to act. Many testators appoint a family member alongside a professional (a solicitor or bank) to combine personal knowledge with professional discipline. An executor can renounce the appointment if they do not wish to act.