Finding out you've been named as the executor of someone's will is often bittersweet. It's a sign of deep trust. It's also a real responsibility, and one that catches many people off guard when the time comes.

Here's what the role actually involves, and what the probate process looks like in plain English.

What is an executor?

An executor is the person named in a will to carry out the wishes of the person who has died. Your job is to make sure the estate, everything the deceased owned, is dealt with properly, debts are paid, and what remains is distributed to the right people.

It's worth being clear on one thing: an executor is different from an attorney under an Enduring Power of Attorney. An attorney acts during a person's lifetime. An executor's role begins at death. The two roles are legally separate, even if the same person holds both.

What does an executor do?

The role involves more than most people expect:

✅ Locating the original will and notifying relevant parties

✅ Arranging the funeral if that falls to you

✅ Applying for probate if required

✅ Identifying, locating, and valuing all assets and liabilities

✅ Notifying banks, government agencies, and other institutions

✅ Paying outstanding debts, taxes, and administration costs

✅ Distributing the remaining estate to the beneficiaries named in the will

Depending on the complexity of the estate, this process can take anywhere from a few months to well over a year. And here's the part most people don't realise: executors can be held personally liable if assets are distributed incorrectly or debts are overlooked. Getting proper legal advice isn't optional, it's protection for you as much as anything else.

What is probate?

Probate is the formal legal process of confirming that a will is valid and giving the executor the official authority to act on it. In New Zealand, probate is granted by the High Court.

Not every estate requires it. For smaller or simpler estates, banks and other institutions may release funds without a formal grant of probate. But where significant assets are involved, particularly property, probate is almost always required.

The process involves:

✅ Filing the original will with the High Court

✅ The executor swearing an affidavit confirming the will is genuine and that they are ready and willing to act

✅ The Court issuing a grant of probate, the official document confirming the executor's authority

Once probate is granted, the real work begins. Collecting assets, settling debts, and ultimately distributing what remains according to the will.

What if there are disputes?

Unfortunately, estates can become contested. Beneficiaries may disagree, family members who feel overlooked may make a claim, or questions may arise about the validity of the will itself. If any of this happens, having a lawyer alongside you is essential.

You don't have to do this alone

Most executors are not lawyers, and they're not expected to be. What matters is that you act honestly, carefully, and in the interests of the estate and its beneficiaries. A good legal team takes the complexity off your plate and makes sure nothing is missed.

At OC Law, we work alongside executors at every stage, from applying for probate through to final distributions. We'll make sure the process is handled properly, so you can focus on your family.