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"The butterfly thinks himself a bird."
This famous line from Things Fall Apart aptly captures
the conduct of some executors who, at times, overstep their
authority and begin to treat the estate of the deceased as their
personal property. Yet, the role of an executor is not one of
privilege or ownership, it is one of trust, duty, and
accountability.
This article explores who an executor is, and examines their roles, responsibilities, and powers under the law, shedding light on the boundaries that distinguish faithful administration from overreach.
Who Is an Executor?
An executor is the person named in a will to carry out the wishes of the deceased. Where no will exists, the court may appoint an administrator, who performs a similar role. The executor essentially steps into the shoes of the deceased to manage, protect, and distribute the estate according to the will or the applicable succession laws.
It is a position of confidence and responsibility, one that demands diligence, honesty, and an understanding of the legal and ethical obligations involved in estate administration.
Core Responsibilities of an Executor
- Securing the Estate
Immediately upon the death of the testator, the executor must identify and safeguard all assets of the deceased. This may include securing property, freezing bank accounts, and notifying relevant institutions to prevent loss or misuse. - Applying for Probate
Probate is the legal authority granted by the court, confirming the executor's right to act on behalf of the estate. Without probate, the executor generally cannot transact with banks, land registries, or third parties. When a person dies with a Will you go for Probate at the Law courts, however when a person dies without a Will, you go for Letters of Administration from the courts. - Identifying Beneficiaries and Creditors
The executor must compile a list of all beneficiaries named in the will and notify them of their entitlements. At the same time, any creditors must be identified so debts can be settled before distribution. - Valuing the Estate
Executors are responsible for determining the full value of the estate at the date of death. This includes all assets—real property, investments, cash, and personal belongings—alongside any outstanding liabilities. - Paying Debts and Taxes
Before any distribution is made, the executor must pay funeral expenses, debts, and taxes. This ensures the estate is lawfully wound up and minimizes the risk of later disputes. - Distributing the Estate
After all debts and obligations have been met, the executor distributes the remaining assets in line with the terms of the will—or, where there is no will, according to the applicable succession laws. - Maintaining Records and Accounts
Transparency is key. Executors must keep accurate records of all income, expenses, and transactions relating to the estate. Beneficiaries have a right to request and review these accounts.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
