Who Can Be an Executor in Queensland? (QLD Guide 2026)

Quick Overview

In Queensland, almost any adult (18+) can be an Executor of your Will. There are no specific qualifications required — you can choose a family member, friend, professional advisor, or trustee company. However, your Executor must be willing and able to act, trustworthy, organised, and reliable.

Most importantly, it’s highly recommended that you name Backup Executors — this is a critical best practice for protecting your Queensland estate. If your primary Executor cannot act, your Backup Executor steps in to ensure your wishes are still carried out.

This guide is for Queensland residents making a Will and deciding who should manage their estate after death. It explains who can be an Executor in Queensland, QLD-specific requirements, probate procedures, and how to choose the right Executor for your Queensland Will. We’ll also cover common questions about Executors in Queensland and how to add them using Will Hero.

What is an Executor?

An Executor is the person you appoint in your Will to manage your estate after you pass away. In Queensland, your Executor is legally responsible for:

• Locating and securing your Will — Finding your original Will document
• Collecting and protecting your assets — Identifying all your property, money, and belongings
• Paying outstanding debts and taxes — Settling bills, loans, and tax obligations
• Applying for probate (if required) — Obtaining a Grant of Probate from the Queensland Supreme Court, which gives them legal authority to administer your estate
• Distributing your estate — Giving assets to your chosen beneficiaries according to your Will

It’s an important administrative role, but it doesn’t require legal or financial qualifications. Most Queenslanders choose a trusted family member or friend. Your Executor must be trustworthy, organised, reliable, and willing to act.

For more detailed guidance on understanding Executor responsibilities and choosing the right Executor, see our comprehensive guide: How to Choose the Right Executor for Your Will. Ready to create your Will? Create your Will online in Queensland with Will Hero.

Who Can Be an Executor in Queensland?

Under the Succession Act 1981 (QLD), almost any adult can be an Executor in Queensland. There are very few restrictions:

Basic Requirements

• Age: Must be 18 years or older (minors cannot act as Executors)
• Capacity: Must be mentally capable of understanding and carrying out Executor duties
• Willingness: Must be willing to accept the role (Executors can refuse)
• Criminal history: A criminal record alone does not automatically disqualify someone. Courts may, however, refuse or remove an Executor if the person’s conduct makes them unsuitable to act.

Who Can Be an Executor?

You can choose almost anyone as your Executor in Queensland:

✅ Family members — Spouse, adult children, siblings, parents
✅ Friends — Close friends you trust completely
✅ Professional advisors — Lawyers, accountants, financial advisors
✅ Trustee companies — Queensland Public Trustee, private trustee companies
✅ Co-Executors — Two or more people sharing the responsibility
✅ Beneficiaries — Executors can also be beneficiaries (extremely common)

Who Cannot Be an Executor?

Very few people are automatically disqualified:

❌ Minors (under 18) — Cannot act until they turn 18
❌ People who lack mental capacity — Must be able to understand Executor duties
❌ People who refuse — Executors can decline the role

Important: Even if someone is technically qualified, always choose someone you trust completely, who is organised, reliable, and willing to act. Learn more about choosing the right Executor.

Does My Executor Need to Live in Queensland?

No, your Executor does not need to live in Queensland or even in Australia. However, there are practical considerations:

Local Executors (Recommended)

Advantages of choosing a Queensland-based Executor:

✅ Easier probate — More accessible to Queensland Supreme Court (Brisbane, Gold Coast, or regional Queensland courts)
✅ Faster communication — Can meet with banks, government agencies, and lawyers in person
✅ Lower costs — No travel expenses or international complications
✅ Better understanding — Familiar with Queensland laws and procedures

Overseas Executors

If you choose an overseas Executor:

⚠️ May complicate probate — Queensland courts may require additional documentation
⚠️ Higher costs — Travel, international communication, and potential legal complications
⚠️ Delays — International Executors may cause delays in estate administration
✅ Still legal — Overseas Executors are allowed, but consider naming a local Backup Executor

Best Practice: If you choose an overseas Executor, always name a Queensland-based Backup Executor who can step in if needed. This provides a safety net while still allowing your preferred overseas Executor to act if they’re available.

Can My Executor Also Be a Beneficiary in Queensland?

Yes, absolutely. In Queensland, it’s extremely common and completely legal for an Executor to also be a beneficiary. This is one of the most common arrangements in Queensland Wills.

Common Examples

• Spouse as Executor and beneficiary — Very common, especially when leaving everything to your spouse
• Adult children as Executors and beneficiaries — Common when children inherit equally
• Sibling as Executor and beneficiary — Common in family Wills

Legal Considerations

In Queensland, Executors who are also beneficiaries:

✅ Are legally allowed — No conflict of interest under Queensland law
✅ Can receive their inheritance — Being an Executor doesn’t affect their beneficiary status
✅ Must still act properly — Must follow your Will and Queensland law, even if they benefit

Important: While Executors can be beneficiaries, witnesses should not be beneficiaries in Queensland. If a beneficiary witnesses your Will, their gift may be void under the Succession Act 1981 (QLD). Learn more about signing and witnessing your Will correctly.

Co-Executors in Queensland

Yes, you can appoint multiple Executors (called Co-Executors) in Queensland. Co-Executors share the responsibility and must work together.

How Co-Executors Work

• Joint decisions — Co-Executors must agree on key decisions
• Shared responsibility — Both are legally responsible for estate administration
• Both must act — Typically, both must sign documents and agree on distributions

When Co-Executors Make Sense

Co-Executors work well when:

✅ You want shared decision-making — Multiple people must agree
✅ You want to balance responsibilities — Prevents one person from bearing all the burden
✅ You have complex estates — Multiple Executors can provide different skills
✅ You want accountability — Having multiple Executors provides checks and balances

Potential Challenges

Co-Executors can be slower if:

⚠️ They disagree — Must reach consensus, which can cause delays
⚠️ One is unavailable — Both typically need to sign documents
⚠️ Communication issues — Requires ongoing coordination

Best Practice: For most Queensland estates, a single Executor is simpler and faster. Co-Executors work best for complex estates or when you specifically want shared decision-making. Always name Backup Executors regardless of whether you choose one Executor or Co-Executors.

Backup Executors in Queensland

While Backup Executors are not legally required, they are highly recommended and considered a best practice for protecting your Queensland estate.

Why Backup Executors Are Critical

If your primary Executor cannot act, your Backup Executor steps in. Without Backup Executors:

❌ Court appointment — Someone else (usually a beneficiary or next of kin) must apply to the Queensland Supreme Court to be appointed as administrator
❌ Delays — Court appointment can take months, during which your estate is frozen
❌ Additional costs — Legal fees for court applications reduce your estate
❌ Uncertainty — Court may appoint someone who doesn’t know your wishes

When Backup Executors Step In

Your Backup Executor acts if your primary Executor:

• Cannot act due to illness or incapacity
• Refuses the role when the time comes
• Has passed away before you or before completing administration
• Has become unsuitable or unavailable

Multiple Levels of Backup Executors

Will Hero allows you to add unlimited levels of Backup Executors:

• Primary Executor — Your first choice
• Backup Executor 1 — Steps in if primary cannot act
• Backup Executor 2 — Steps in if Backup 1 cannot act
• Backup Executor 3+ — Additional layers of protection

This creates a complete safety net for your Queensland estate, protecting it for generations.

Learn more about what happens if your Executor dies before you and how Backup Executors protect your estate.

Executor Duties in Queensland

Under the Succession Act 1981 (QLD), your Executor has specific legal duties.

At a glance: In short, Executors locate the Will, secure assets, pay debts, obtain probate if needed, and distribute the estate.

Core Responsibilities

1. Locate and secure your Will — Find your original Will document
2. Collect and protect assets — Identify all property, money, and belongings
3. Pay outstanding debts and taxes — Settle bills, loans, and tax obligations
4. Apply for probate (if required) — Obtain Grant of Probate from Queensland Supreme Court
5. Distribute your estate — Give assets to beneficiaries according to your Will
6. Keep accurate records — Maintain records of all transactions and distributions

Legal Liability

Executors are legally responsible for:

• ✅ Following your Will — Must distribute assets exactly as written
• ✅ Complying with Queensland law — Must follow Succession Act 1981 (QLD)
• ✅ Acting in good faith — Must act honestly and in the best interests of beneficiaries
• ⚠️ Personal liability — Can be personally liable for mistakes, so they should seek professional advice if unsure

Getting Help

Executors can seek professional advice:

✅ Legal advice — Can consult lawyers, paid from the estate
✅ Accounting advice — Can consult accountants for tax and financial matters
✅ Professional Executors — Can hire trustee companies or lawyers to handle everything

For most straightforward Queensland estates, the Executor role is administrative rather than legally complex. However, Executors should always seek professional advice if they’re unsure about any aspect of their duties.

Probate in Queensland

Probate is the legal process of proving your Will is valid and giving your Executor authority to administer your estate.

When Is Probate Required in Queensland?

Probate is typically required if:

• ✅ You own real estate — Property titles need probate to transfer
• ✅ You have significant assets — Banks and institutions often require probate
• ✅ Banks require it — Many banks require probate for accounts over certain amounts
• ✅ Institutions require it — Superannuation funds, share registries, etc.

Probate may not be required for:

• Small estates with only joint bank accounts
• Minimal assets (under bank thresholds)
• Simple estates where institutions don’t require it

Your Executor should seek legal advice to determine if probate is required for your specific estate.

How Long Does Probate Take in Queensland?

In short: Expect 4–9 months for straightforward estates; longer if the estate is in regional Queensland or disputed.

Queensland probate processing times vary significantly:

• Brisbane and Gold Coast: Typically 4-9 months for straightforward estates, depending on court workload
• Regional Queensland (Townsville, Cairns, Rockhampton, Mackay): Often longer due to limited court schedules, fewer court staff, and less frequent probate hearings
• Complex estates: Can extend well beyond 12 months if disputes arise or documentation is incomplete

During probate:

❌ Most bank accounts remain frozen — Joint accounts are typically accessible
❌ Property sales cannot proceed — Cannot sell real estate until probate is granted
❌ Beneficiaries generally have no access — Cannot access funds from most frozen accounts (joint accounts are typically accessible)

This is why choosing an organised, reliable Executor is so important — delays in probate can cause significant hardship for beneficiaries.

Probate Costs in Queensland

Queensland probate costs include:

• Court fees — Filing fees for Queensland Supreme Court
• Legal fees — If Executor uses a lawyer (typically $2,500-$5,000+ in Brisbane and Gold Coast; may be higher in regional Queensland due to limited solicitor competition)
• Valuation fees — If property or asset valuations are required
• Publication fees — Public notice requirements

Professional Executors (trustee companies or lawyers) charge additional fees, often several thousands of dollars. The Queensland Public Trustee’s fees are regulated and percentage-based, which may materially impact larger estates — check current rates before appointing them.

Choosing the Right Executor for Your Queensland Will

When choosing your Executor in Queensland, consider:

Essential Qualities

✅ Trustworthy — Someone you trust completely with your estate
✅ Organised — Can handle paperwork, deadlines, and administration
✅ Reliable — Will follow through and complete the role
✅ Willing — Has agreed to act and understands the responsibilities
✅ Available — Likely to be available when needed (consider age and health)
✅ Capable — Can handle the administrative tasks or seek help when needed

Common Choices

Most Queenslanders choose:

1. Spouse or partner — Most common choice, especially when leaving everything to spouse
2. Adult children — Common when children inherit equally
3. Siblings — Common in family Wills
4. Close friends — Trusted friends who are organised and reliable
5. Professional advisors — Lawyers or accountants (usually charge fees)
6. Trustee companies — Queensland Public Trustee or private companies (charge fees)

Questions to Ask Potential Executors

Before naming someone as Executor, discuss:

✅ Are they willing to act? — Executors can refuse, so always ask first
✅ Do they understand the role? — Make sure they know what’s involved
✅ Are they likely to be available? — Consider their age, health, and location
✅ Do they have the time? — Executor duties can be time-consuming
✅ Can they handle it? — Ensure they’re capable or willing to seek help

Always name Backup Executors — even if your primary Executor seems perfect, circumstances can change (as explained above).

How to Add Executors in Your Queensland Will

With Will Hero, adding Executors to your Queensland Will is simple. Create your Will online in Queensland and easily add your Executors, Co-Executors, and Backup Executors:

Step-by-Step Process

1.Choose your Primary Executor — Select someone you trust completely

2.Add Co-Executors (optional) — If you want multiple Executors

3.Add Backup Executors — Highly recommended — add at least one, ideally multiple levels

4.Review your choices — Use Will Hero’s Visual Will to see how your estate flows

5.Print and sign — Print your Will and sign with two witnesses

The process is straightforward and takes just a few minutes. Will Hero guides you through each step with clear instructions and helpful tips. Starting at just $99, you can create your complete Queensland Will with unlimited Backup Executors in as little as 15 minutes.

Will Hero Features

Will Hero makes Executor selection easy:

✅ Unlimited Backup Executors — Add as many levels as you need
✅ Visual Will — See how your Executor choices affect your estate
✅ Review My Will — Get guidance on choosing the right Executor
✅ State-compliant — All Executor clauses comply with Queensland law

Learn more about creating your Will online in Queensland with Will Hero.

What Happens If You Don’t Choose an Executor?

If you don’t choose an Executor in your Queensland Will, or if your Executor cannot act and you have no Backup Executors:

Court Appointment Process

1. Someone must apply — Usually a beneficiary or next of kin
2. Queensland Supreme Court decides — Court appoints an administrator
3. Delays occur — Court process can take months
4. Additional costs — Legal fees reduce your estate
5. Uncertainty — Court may appoint someone who doesn’t know your wishes

Who Gets Appointed?

The Queensland Supreme Court typically appoints:

• Spouse or partner (if applicable)
• Adult children (usually eldest)
• Parents or siblings
• Other next of kin

The court’s choice may not reflect your wishes, and the process causes delays and costs.

This is why choosing Executors (and Backup Executors) is so important — it ensures your estate is managed by someone you trust, without delays or unnecessary costs.

Special Situations in Queensland

Executor Dies Before You

If your Executor dies before you:

✅ Backup Executor steps in — Your Backup Executor acts as if they were your primary Executor
❌ No Backup Executor? — Someone else must apply to Queensland Supreme Court

Always name Backup Executors — learn more about what happens if your Executor dies before you.

Executor Refuses to Act

If your Executor refuses the role:

✅ Backup Executor steps in — Your Backup Executor acts instead
❌ No Backup Executor? — Someone else must apply to Queensland Supreme Court

Always discuss the role with potential Executors before naming them, and name Backup Executors (see above).

Executor Lacks Capacity

If your Executor becomes mentally incapable:

✅ Backup Executor steps in — Your Backup Executor acts instead
❌ No Backup Executor? — Someone else must apply to Queensland Supreme Court

Consider your Executor’s age and health when choosing, and name Backup Executors (see above).

Changing Your Executor

You can change your Executor anytime:

✅ Create a new Will — New Will revokes old Will and names new Executor
✅ Update with Will Hero — Within your 12-month update period, edit and re-sign
✅ Must re-sign — New Will must be properly signed with two witnesses

Learn more about making a Will in Queensland and updating your Executor choices.

Key Takeaways

When choosing an Executor for your Queensland Will:

1. ✅ Almost any adult (18+) can be an Executor — No specific qualifications required
2. ✅ Executors don’t need to live in Queensland — But local Executors make probate smoother
3. ✅ Executors can be beneficiaries — Extremely common and completely legal
4. ✅ Co-Executors are allowed — But require cooperation and agreement
5. ✅ Always name Backup Executors — Highly recommended to protect your estate
6. ✅ Choose someone you trust — Trustworthy, organised, reliable, and willing to act
7. ✅ Probate typically takes 4-9 months — Longer in regional Queensland
8. ✅ Executors can seek professional help — Legal and accounting advice paid from estate

Most importantly: Always name Backup Executors. While not legally required, this is one of the most critical best practices for protecting your Queensland estate.

Related Resources

• How to Choose the Right Executor for Your Will — Complete national guide
• How to Make a Will in Queensland — Step-by-step QLD guide
• How to Sign and Witness Your Will Correctly — State-by-state witnessing guide
• Dying Without a Will in Queensland — What happens under intestacy laws
• Online Wills Queensland — Create your Will online with Will Hero

Ready to Create Your Queensland Will?

Will Hero makes it easy to choose Executors and create your legally valid Will in Queensland:

✅ State-compliant — All clauses comply with Succession Act 1981 (QLD)
✅ Unlimited Backup Executors — Add as many levels as you need
✅ Visual Will — See how your Executor choices affect your estate
✅ Review My Will — Get guidance on choosing the right Executor
✅ Just $99 — Complete your Will in as little as 15 minutes

Create your Queensland Will online today →