Executors of wills and estates

Commonly asked questions about being an executor

If the deceased has no next of kin or if it is laid out in the will that the executor is to arrange the funeral, funeral arrangements must be paid for by the executor, who is then normally entitled to receive reimbursement from the estate of the deceased. If the deceased has funeral cover in place with their insurance agency, the funeral will normally be partly or wholly covered by their funeral bonds, so no money from the deceased’s estate may need to go towards the funeral cover.

An executor is the person who is specifically named in a will to carry out the deceased’s wishes and manage the estate. An administrator is the term given to a person who has been named to manage the estate by the Succession Act 2006 in cases where an executor has renounced their appointment as executor and not named an alternative appointment, or where a person has died without a will. Both an executor and an administrator both carry out essentially the same duties and responsibilities.

If you do not wish to act as the executor of the will or are unable to for whatever reason, then you can formally renounce the appointment and appoint another person (normally a close relative or friend that you trust), a lawyer, or the NSW Trustee and Guardian to be the executor of the will. This is a common option for many people, as it relieves a lot of the responsibility and stress involved with being an executor. If no alternative appointment is made, NSW law lays out in the Succession Act 2006 who will need to assume this responsibility.

Our experts

Latest from Stacks

Doyle's Guide, Karina Goodall, Tom Goudkamp, Anna Tavianatos, Justin Stack, Alessandra Pettit, Grant Avery, Sally Gleeson, personal injury, compensation, motor vehicle accident, accident, public liability, medical negligence, work injury, institutional abuse, leading, recommended, lawyer, legal, directory, independent, plaintiff.
01 Oct 2025
Pictured above, top row, L-R: Karina Goodall, Tom Goudkamp, Anna Tavianatos, Justin Stack. Bottom row, L-R: Alessandra Pettit, Grant Avery, Sally Gleeson. We’re proud to ...
Read the full story
Workers Compensation Bill, workers compensation, workers comp, compensation, claim, injury claim, work injury, sexual harassment, discrimination, trauma, PIRS, lump sum, impairment, personal injury
12 Sep 2025
A Workers Compensation Bill before the NSW Parliament would significantly change workers compensation laws, in particular the way psychological injury in the workplace is assessed ...
Read the full story
Listeria, soft cheese, product recall, food recall, food safety, monocytogenes, bacteria, contaminated, contamination, compensation, contaminated food, NSW Food Authority, Mon Ami, Emborg, camembert, brie, symptoms, listeriosis, pain, suffering, fever, muscle aches, nausea, diarrhoea, shock, loss of balance, convulsions, coma, septicaemia, meningitis, miscarriage
10 Sep 2025
The NSW Food Authority has announced a product recall for several soft cheese products that have been available in supermarkets across Australia, due to a potential contamination ...
Read the full story

Why Stacks Law Firm

What makes Stacks different and why you should choose us.

Stacks is the steady hand you can trust, the lawyers you know. The ones who care about where you’re from, what you’re going through and who treat you like a person, not just another case.

With the attention of one lawyer, backed by the expertise of many, we’re the only legal provider in Australia that gives businesses and everyday people access to expert legal services through a network of reputable local offices.

Legal challenges can feel confusing, even intimidating, but we know what you’re going through, we know the legal terrain, we view your case individually, and we can offer the care, reassurance and expertise to guide you every step of the way.

Get in Touch


No hidden fees
We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

Deep expertise
We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

Practical advice not legalese
We speak clearly and directly, so you understand our advice and can make decisions with confidence.

Network of local offices
We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

Real client care
We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

Progressive practise
We make the process easy for you with the latest tech to keep services cost effective—and you in control.



We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.
We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.
We speak clearly and directly, so you understand our advice and can make decisions with confidence.
We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.
We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.
We make the process easy for you with the latest tech to keep services cost effective—and you in control.

WE’RE HERE TO HELP

Complete the form to contact us today

We’re here to listen to your story anytime. We can help you understand how things work, give you confidence and guide you through your options. We’ll be honest and upfront, agreeing on what you need and how much it will cost. Your enquiry is completely confidential.

chat button

Fill out this form and one of our local law professionals will be in contact

By submitting this form you agree to the terms of our Privacy policy