“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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

IF YOU HAVE BEEN APPOINTED AS AN EXECUTOR, THIS IS WHAT YOU SHOULD DO.

1. Obtain the Will and Death Certificate
   Locate the original will and obtain an official death certificate—both are essential for beginning the process.
2. Apply for Probate (if required)
   Secure the court’s authorization to administer the estate.
3. Identify and Protect Assets
   Prepare an inventory of all estate property and take necessary steps to protect them from damage or theft.
4. Pay Debts and Taxes
   Settle all financial obligations before making any distributions.
5. Distribute the Estate According to the Will
   Follow the exact terms of the will to ensure fairness and legality.
6. Keep Proper Records
   Maintain detailed accounts of all receipts and payments.
7. Communicate with Beneficiaries
   Keep beneficiaries informed of progress to promote transparency and trust.
8. Act in Good Faith and with Care
   Make decisions honestly and prudently, always in the best interests of the estate.

AS AN EXECUTOR, THIS IS WHAT YOU SHOULD’NT DO.

1. Don’t Mix Estate Money with Personal Money
   Always keep a separate estate account to avoid confusion or allegations of misuse.
2. Don’t Delay Unnecessarily
   Unjustified delays can cause losses and disputes, distribute properties to the beneficiaries promptly.
3. Don’t Distribute Assets Before Paying Debts
   Doing so may expose you to personal liability.
4. Don’t Take Property for Yourself
   You may only receive what the will lawfully gives you as a beneficiary, nothing more. Keeping assets for yourself is thievery and you will be persecuted for it. The beneficiaries may also file a civil suit against you for breach of fiduciary duty. Don’t do it!
5. Don’t Ignore Disputes or Legal Notices
   Address issues promptly and seek legal advice where needed.
6. Don’t Witness the Will If You Are a Beneficiary
   Any gift made to a witness may become void.
7. Don’t Act Beyond Your Powers
   Always act strictly within the authority granted by the will or the law.

The Executor’s Fiduciary Duty

Executors act in a fiduciary capacity, which means they must act solely in the best interests of the beneficiaries. They must avoid conflicts of interest, treat all parties fairly, and handle the estate with prudence and honesty. Any mismanagement, negligence, or abuse of authority can lead to personal liability.

For these reasons, many executors seek legal or professional guidance to ensure compliance with succession laws and to protect themselves from personal risk.

Conclusion

The executor occupies a vital position in the administration of estates—serving as the bridge between the wishes of the deceased and the rights of the beneficiaries. When carried out with integrity and diligence, the executor’s work ensures that the legacy of the deceased is preserved, debts are cleared, and property passes smoothly to the rightful heirs.

In fulfilling this solemn duty, an executor not only gives effect to the will but also upholds the values of fairness, accountability.

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