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What Happens If My Executor Dies Before Me?
Choosing Executors is one of the most important parts of making a Will. Your Executor (or Executors, if you choose more than one) is responsible for managing your estate, organising probate, paying debts, and distributing your assets.
But life changes—and sometimes an Executor passes away before you.
The good news: your Will does not become invalid.
What happens next depends on how many Executors and Backup Executors you listed, and how your Will is structured.
Below, we use Will Hero’s Visual interface to show exactly what happens in each scenario.
Why Executors matter
Your Executors are legally responsible for:
- Applying for probate
- Protecting and managing your assets
- Paying debts, bills and taxes
- Closing accounts and dealing with government agencies
- Distributing your estate to your beneficiaries
- Communicating with family, banks, and professionals
Because of these responsibilities, many people choose co-executors, or a combination of:
- People they trust
- Backup Executors
- Backup Co-Executors
- A professional trustee (as a final fallback)
Will Hero is one of the few platforms in Australia that allows you to build all of these layers visually — with no limit on the number of co-executors or backups.
Scenario 1: You have Backup Executors in place
If one of your Executors dies before you, or is unable or unwilling to act (or predeceases you), your Will moves smoothly to the next person or group you have listed.
Your backups can be:
- A backup individual Executor
- A backup group of Co-Executors (Backup Co-Executors)
- Multiple layers of backups
- A professional Executor (e.g., State Trustees) as a final fallback
There is no need for a court appointment, and no interruption in who acts.
Will Hero automatically moves to the next Executor or Executor group in the chain — no matter how many layers you set up.
This is where Will Hero stands apart from will kits and other online platforms, which often restrict people to only one primary Executor and a single backup.
It’s often not ideal for long-term planning to be restricted like that — especially if you are planning for the long term.
Scenario 2: You have Co-Executors and one dies before you
If you have co-executors (for example, two adult children or a partner and a sibling) and one of them dies before you:
- The surviving co-executor(s) continue acting; and
- Your backups remain in place if further issues arise.
This is usually straightforward to administer.
Co-Executors can continue even if one passes away. Backup Executors take over only if all primary co-executors cannot act.
Scenario 3: You have no Backup Executors
If all of your listed Executors have died, or none are able or willing to act, the probate court (or relevant authority in your state) appoints an administrator.
This is where delays and additional costs can occur.
When no Executors are available, the court may need to step in and appoint an administrator, which can cause delays and additional costs.
Who does the court appoint?
Depending on state law, the court may choose:
- A major beneficiary
- A family member
- A trustee company
- A professional administrator
- The Public Trustee
Potential costs to your estate
If a court-appointed professional administrator or trustee company takes over, they typically charge:
- A percentage of the estate
- Hourly rates
- Asset management fees
- Probate application fees
- Ongoing administrative charges
For many estates, this can amount to thousands — significantly more than the cost of planning ahead with proper Executor backups.
For most people, this risk is easy to avoid by adding even one Backup Executor.
Why Will Hero Gives You More Protection
Most will kits and online platforms only let you list:
- 1 main Executor or Co-Executors
- 1 Backup Executor
If both cannot act, your estate may require a court-appointed administrator (with delays and extra fees).
Will Hero is different:
- Unlimited Executors
- Unlimited Co-Executors
- Unlimited Backup Executors
- Unlimited Backup Co-Executors
- Option to add a professional executor as a final fallback
- All visually mapped so you can see every layer and understand your executor chain at a glance
This flexibility helps protect your estate long-term as life circumstances change.
Why unlimited backups matter
Life doesn’t always unfold in predictable, linear ways.
Someone who is suitable today may not be able to act 10–20 years from now.
That’s why Will Hero allows:
- Unlimited Executors
- Unlimited Co-Executors
- Unlimited Backup Executors
- Unlimited Backup Co-Executors
- Professional Executors
- As many layers of backups as you need
Most will kits and online platforms only allow a single primary Executor and one backup.
Will Hero supports long-term planning with multiple layers of protection.
When should I update my Will?
You may want to update your Will if:
- You have no remaining Executors or Groups who can act
- You want to change who acts first
- A chosen Executor is no longer appropriate
- An Executor moves overseas, becomes unwell, or is no longer your preferred choice
You don’t necessarily need to update your Will if:
- You still have appropriate Backup Executors or Backup Co-Executors listed
- Your long-term structure remains suitable
Scenario Testing lets you test different scenarios to see what happens if your Executors can’t act, helping you decide if updates are needed.
How many Executors should I list?
There is no legal limit, and with Will Hero there is no software limit either.
Many people choose:
- One or more Co-Executors
- One or more levels of Backup Executors
- A professional trustee organisation as a final backup
What matters most is clarity — ensuring the structure makes sense for your family.
The Will Hero visual map makes this easy. You can use Scenario Testing to simulate what happens if different Executors can’t act, ensuring your chain works perfectly.
What happens if your Executor dies before you — quick reference infographic.
Learn how to set up your Executor chain using Will Hero’s Visual Will →
How Will Hero protects you
Will Hero helps avoid court involvement and unnecessary estate fees by allowing you to:
- Add unlimited executors
- Add unlimited backup layers
- Add co-executors and backup co-executor groups
- Add a trustee organisation as a final fallback
- Map every layer visually so you can see exactly what happens
- Test different scenarios to see how your Executor chain works if someone can’t act
- Update your Executor choices at any time — simply log back in and make changes
- Use our AI Assistant for guidance as needed
- Access our Will Provisions Library for professional Executor clauses and other provisions
All for just $99 flat fee with a 30-day money-back guarantee. Your Will remains strong, flexible, and ready for the long term.
Conclusion
If your Executor dies before you, your Will remains valid — but the ease of administering your estate depends on whether you have nominated a clear chain of successors.
With unlimited Executors, Co-Executors, and Backup layers, Will Hero gives you long-term protection that most Will kits and online platforms simply can’t provide.
Adding backups can help reduce the risk of delays, confusion, or avoidable fees for your loved ones later.
If your Executor is no longer suitable, the simplest fix is to update your Executor list. You can review and adjust your Executor chain in minutes using Will Hero.
Frequently Asked Questions
No. Your Will is still valid. What changes is who is able to act. If you have Backup Executors or Backup Co-Executors listed, they step in automatically. If you have no backups, then a court may need to appoint an administrator.
Your surviving Co-Executor(s) continue to act. Your backups only step in if all primary Executors cannot act.
You only need to update your Will if you no longer have anyone who can act, or your remaining Executor choices are no longer appropriate. If you have suitable backups in place, you do not need to update your Will immediately.
If all of your Executors have passed away (and you have no backups), the court may appoint a major beneficiary, a family member, a trustee company, a professional administrator, or the Public Trustee. This process can cause delays and additional estate costs, which is why planning backups matters.
Fees vary, but professional administrators and trustee companies typically charge a percentage of the estate, hourly rates, probate application fees, and ongoing administrative charges. These fees can add up to thousands of dollars, depending on the estate size.
Yes. Many people choose a trustee company (e.g., State Trustees) as a final fallback. Will Hero allows you to add unlimited Executors, unlimited Co-Executors, unlimited Backup Executors, professional Executors, and as many backup layers as you need.
There is no legal limit. Most people choose one or more Co-Executors, one or more layers of Backup Executors, and a professional Executor as the final safety net. Will Hero is designed to support long-term planning by allowing unlimited layers.
Not always. An overseas Executor can still act, but it may slow down paperwork, require extra documentation, and increase the administrative burden. If you have strong local backups, you may not need to make any changes.
Co-Executors act together at the same time. Backup Executors only act if the previous Executor(s) cannot. Will Hero's Visual interface makes both easy to understand.
Review your Will whenever there is a major life change, such as a death in the family, a change in relationships, Executors becoming elderly, ill, or moving overseas, or new people you'd prefer to appoint. For most people, reviewing every 2–3 years is good practice.
Yes. Will Hero's Scenario Testing lets you simulate what happens if your Executor dies before you, so you can see exactly how your backup chain works and verify that your estate will be handled smoothly.
If your Executor becomes incapacitated and cannot act, your Backup Executors will step in, just as if the Executor had died. This is why having backups is important — they protect your estate whether an Executor dies, becomes incapacitated, or is otherwise unable to act.
Executors are typically not paid unless specified in your Will or if they're professional Executors (like trustee companies). Family members usually act without payment, though they can claim reasonable expenses from the estate. Professional Executors charge fees as outlined in their service agreements.
Professional Executors (like trustee companies) typically charge a percentage of the estate value (usually 2–5%) plus hourly rates for specific tasks. Fees vary by provider and state, and may include probate application fees and ongoing administrative charges. For a $500,000 estate, this could range from $10,000–$25,000 or more. It's important to check with specific providers for their fee structures before listing them in your Will. Many people use professional Executors as a final backup layer, relying on family members first to minimize costs.
Executor rules are generally similar across Australia, but each state and territory has its own specific requirements for Will signing, witnessing, and probate procedures. Will Hero tailors your Will document to your home jurisdiction. For state-specific details, check out our guides: NSW, VIC, QLD, WA, SA, TAS, ACT, and NT.
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John Ryan
Co-Founder & Estate Planning Advocate at Will Hero
John Ryan is a Co-Founder & Estate Planning Advocate at Will Hero. With a passion for making estate planning accessible to all Australians, John is helping simplify the Will process by building a visual-first, AI-assisted estate planning platform built on templates drafted by a panel of Wills and Estates specialists.
Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
