When someone passes away, their estate (everything they own and owe) must be wound up. This process is led by the executor — the person legally responsible for carrying out the instructions in the will, paying debts, and transferring assets to the heirs.

Choosing the right executor is one of the most important — and often most overlooked — parts of drafting a will. A poor choice can delay the estate for months or even years.

What Does an Executor Actually Do?

An executor’s role involves much more than distributing property. They must:

• Report the death to the Master of the High Court;
• Apply for Letters of Executorship;
• Prepare an estate inventory listing all assets and liabilities;
• Settle debts, taxes, and transfer costs;
• Transfer or sell property according to the will;
• Distribute the remaining assets to the heirs.

If they make mistakes or delay, the Master can remove them, and heirs may suffer financial losses.

Who Can Be an Executor?

Any adult can be nominated, but the Master must approve the appointment. Many people name a spouse or family member, but unless that person has experience in estates, they’ll usually need a professional to assist.

That’s why most lawyers recommend naming:

• An attorney or trust company; or
• A family member together with a professional co-executor.

This ensures the estate is wound up correctly and efficiently, especially when property transfers are involved.

Why Property Ownership Makes Executor Choice Critical

Property transfers are one of the most technical parts of estate administration.
The executor must:

• Obtain a rates clearance certificate and transfer duty exemption;
• Work with conveyancers to lodge documents at the Deeds Office;
• Handle bond cancellations or new transfers to heirs.

If the executor doesn’t understand these steps, the estate can remain open for years — and heirs can’t take transfer of the property or sell it.

Practical Tips for Choosing the Right Executor

1. Choose someone you trust — but also someone capable.
A spouse may be trustworthy, but if they aren’t familiar with estate processes, appoint a professional co-executor.

2. Ask your attorney for guidance.
Attorneys who deal with estates daily understand both the legal and emotional aspects of the process.

3. Review your will regularly.
If your named executor has died, emigrated, or no longer wishes to act, update your will immediately.

4. Provide clear instructions.
Explain in your will how you want your estate and property handled — whether to sell, transfer, or keep within the family.

5. Keep executor details up to date.
Include current contact information and, if you appoint a firm, specify the name of the firm rather than an individual who may later retire.

Your executor is the person who will speak for you when you can’t.  This is the person that will stand next to your loved ones in the toughest time of their lives.  If he can’t or won’t speak to you, why would he treat your people well?

A professional executor doesn’t just handle paperwork — they protect your legacy.