Who Can Be an Executor in Victoria? (2026 Guide)

Quick Overview

In Victoria, almost any adult (18+) with mental capacity can be an Executor of your Will. There are no formal qualifications — you can choose a family member, friend, professional advisor, or a trustee company such as State Trustees. Your Executor must be willing and able to act, and ideally trustworthy, organised, and reliable.

Most importantly, name at least one Backup Executor. If your first choice can’t act, your Backup steps in — without one, someone has to apply to the Supreme Court of Victoria to be appointed instead, which means delay and cost at the worst possible time.

This guide is for people making a Will in Victoria and deciding who should manage their estate. It covers who can be an Executor in Victoria, whether they can also inherit, what Executors are actually paid, how probate and Victorian court fees work, and how to add Executors using Will Hero.

What is an Executor?

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

• Locating and securing your Will — finding your original signed document
• Collecting and protecting your assets — identifying property, money, and belongings
• Paying debts and taxes — settling bills, loans, and tax obligations
• Applying for probate (if required) — obtaining a grant from the Supreme Court of Victoria, which confirms the Will and gives them authority to act
• Distributing your estate — giving assets to your beneficiaries according to your Will

Whether your Will is valid in the first place is governed by the Wills Act 1997 (Vic), while the Executor’s authority and the probate process sit under the Administration and Probate Act 1958 (Vic).

It’s an important administrative role, but it doesn’t require legal or financial qualifications. Most people in Victoria choose a trusted family member or friend who is organised, reliable, and willing to act.

For deeper guidance on the role and how to choose well, see our national guide: How to Choose the Right Executor for Your Will. Ready to start? Create your Will online in Victoria with Will Hero.

Who Can Be an Executor in Victoria?

Under Victorian law, almost any adult can be an Executor. There are very few restrictions.

Basic Requirements

• Age: Must be 18 or older to take a grant of probate (a minor cannot act until they come of age)
• Capacity: Must have the mental capacity to understand and carry out the role
• Willingness: Must be willing to accept the role — an Executor can renounce (decline) before acting
• Suitability: A criminal record does not automatically disqualify someone, but the Supreme Court of Victoria can decline to appoint, or later remove, a person whose conduct makes them unsuitable

Who Can Be an Executor?

You can choose almost anyone as your Executor in Victoria:

✅ Family members — spouse or partner, adult children, siblings, parents
✅ Friends — close friends you trust completely
✅ Professional advisors — solicitors, accountants
✅ Trustee companies — State Trustees or private trustee companies
✅ Co-Executors — two or more people sharing the role
✅ Beneficiaries — an Executor can also inherit (extremely common)

Who Cannot Be an Executor?

Very few people are ruled out:

❌ Minors (under 18) — cannot take a grant until they turn 18
❌ People who lack mental capacity — must be able to understand the role
❌ People who renounce — an Executor can decline the role

Important: even if someone is technically eligible, choose a person you trust completely who is organised, reliable, and genuinely willing to act. Learn more about choosing the right Executor.

Does My Executor Need to Live in Victoria?

No — your Executor does not need to live in Victoria, or even in Australia. But location has practical consequences.

Local Executors (recommended)

✅ Easier probate — closer to the Supreme Court of Victoria and its Probate Office in Melbourne
✅ Faster communication — can deal with banks, Land Use Victoria, and agencies in person
✅ Lower cost — no international travel, documents, or delays
✅ Familiarity — used to Victorian institutions and processes

Interstate Executors (other Australian states)

An Executor who lives in another state — say in New South Wales or Queensland — is a very practical choice for many Victorians, and far simpler than an overseas appointment.

✅ Low friction — Australia’s states share a common legal framework, so an interstate Executor can usually act without much difficulty
✅ Grants travel across borders — a grant made in one state can generally be resealed or recognised in another when assets are held there
✅ Mostly digital — much of the process (including the Victorian application) can be handled online or by post, with standard identity checks

Overseas Executors

⚠️ Can complicate probate — the court may need extra documentation, and an overseas Executor sometimes appoints an attorney to act for them locally
⚠️ Higher cost and delay — international post, time zones, and signing formalities add friction
✅ Still allowed — an overseas Executor is legal in Victoria

Best practice: if your preferred Executor lives overseas, also name a Victoria-based Backup Executor who can step in. That keeps your first choice while giving the estate a local safety net.

Can My Executor Also Be a Beneficiary in Victoria?

Yes — absolutely. In Victoria it is extremely common and completely legal for an Executor to also be a beneficiary. Naming your spouse or your adult children as both Executor and beneficiary is one of the most common arrangements in Victorian Wills.

Common examples

• Spouse or partner as Executor and main beneficiary
• Adult children as Co-Executors who also inherit equally
• A sibling as Executor who also receives a share

Executors vs witnesses — where Victoria is different

In some states, a beneficiary who witnesses a Will loses their gift. Victoria is different. Under section 11 of the Wills Act 1997 (Vic), Victoria has abolished the “interested witness” rule — so a beneficiary (or their spouse or partner) who witnesses a Victorian Will is not disqualified from taking their gift, unlike in New South Wales and Queensland.

That said, it’s still best practice to use two independent witnesses who don’t benefit under the Will. A beneficiary who witnessed the Will can invite later allegations of undue influence or suspicious circumstances, even though the gift itself remains valid. So your Executor can freely inherit, and in Victoria even a beneficiary-witness keeps their gift — but keeping your witnesses independent is still the safer path. Learn more in Who Can Witness a Will in Victoria?

Co-Executors in Victoria

You can appoint two or more Executors (Co-Executors) in Victoria. They share the role and, in general, must act jointly. Note that a grant of probate will not be made to more than four people for the same estate.

How Co-Executors work

• Joint decisions — Co-Executors must agree on key steps
• Shared responsibility — each is legally responsible for the administration
• Both sign — grant applications and distributions usually need all signatures

When Co-Executors make sense

✅ You want shared decision-making and accountability
✅ The estate is larger or more complex and benefits from different skills
✅ You want to spread the workload across two trusted people

Potential downsides

⚠️ Slower if they disagree — everything needs consensus
⚠️ Coordination — all must be available to sign documents
⚠️ Distance — harder if Co-Executors live far apart

Best practice: for most Victorian estates a single Executor plus a Backup is simpler and faster. Co-Executors suit complex estates or where you specifically want two people to keep each other accountable. Either way, name a Backup.

Backup Executors in Victoria

A Backup Executor is not legally required, but it is one of the most important protections you can build into your Will.

Why a Backup matters

If your primary Executor can’t act and there’s no Backup:

❌ Court appointment — someone (usually a beneficiary or next of kin) must apply to the Supreme Court of Victoria for letters of administration with the Will annexed
❌ Delay — that application takes time, during which assets stay frozen
❌ Cost — legal fees for the application come out of the estate
❌ Uncertainty — the person appointed may not be who you’d have chosen

When a Backup steps in

Your Backup Executor acts if your primary Executor:

• Has died before you, or before finishing the administration
• Is too unwell or lacks capacity to act
• Renounces the role when the time comes
• Cannot be located or is otherwise unavailable

Multiple levels of Backup

Will Hero lets you add multiple layers of Backup Executors:

• Primary Executor — your first choice
• Backup Executor 1 — steps in if the primary can’t act
• Backup Executor 2+ — further layers of protection

Learn more about what happens if your Executor dies before you.

Executor Duties in Victoria

At a glance: an Executor locates the Will, secures the assets, pays debts, publishes the required notice, obtains probate if needed, distributes the estate, and keeps accounts.

Core responsibilities

1. Locate and secure the Will — find the original signed document
2. Identify and protect assets — property, bank accounts, shares, personal items
3. Pay debts and taxes — settle liabilities before distributing
4. Publish the notice of intention to apply — on RedCrest-Probate (see below)
5. Apply for probate (if required) — obtain the grant from the Supreme Court of Victoria
6. Distribute the estate — to beneficiaries, exactly as the Will directs
7. Keep proper accounts — record every receipt and payment

Legal responsibility

Executors in Victoria must follow the Will, comply with the Administration and Probate Act 1958 (Vic), and act honestly in the beneficiaries’ interests. They can be personally liable for losses caused by getting it wrong, so it’s sensible to take legal or accounting advice (paid from the estate) when anything is unclear. For most straightforward estates the role is administrative rather than legally complex.

Do Executors Get Paid in Victoria?

This is a point that catches people out.

Reimbursement of expenses. An Executor — whether a family member or a friend — can always be reimbursed from the estate for reasonable out-of-pocket costs (court fees, postage, valuations, travel, professional advice). That’s not a fee; it’s paying them back.

Executor’s commission. Beyond expenses, an Executor in Victoria can receive a commission for their “pains and trouble” (the time, effort, and responsibility involved in administering the estate) of up to 5% under section 65 of the Administration and Probate Act 1958 (Vic). Key points:

• It is not automatic. There are three ways it can be paid: a valid charging clause in the Will, the informed consent of all affected beneficiaries, or an order of the Supreme Court of Victoria.
• A charging clause only binds the estate if you gave informed written consent before signing (for Wills made on or after 1 November 2017) — see ss 65A–65E of the Act.
• In practice, that written pre-consent mainly comes up where a professional (such as a solicitor) puts a charging clause in a Will they draft. A family Executor who wants paying usually relies instead on the beneficiaries’ agreement after death — or simply takes their share as a beneficiary.
• The 5% figure is a maximum, not an entitlement. In practice, the amount allowed is usually around 2–3.5% of the estate, and the court looks at the actual work done and responsibility carried, not a fixed rate.
• An Executor who is also a beneficiary very often acts for nothing, taking their share under the Will instead of a commission.

Professional Executors. Solicitors, private trustee companies, and State Trustees charge their own fees for acting. Those are separate from s 65 commission and can be significant on larger estates — always check current rates before appointing a professional.

Probate in Victoria

Probate is the Supreme Court of Victoria confirming your Will is valid and your Executor has authority to administer the estate.

When is probate required in Victoria?

Probate is usually required when:

• ✅ The estate includes real estate held solely in the deceased’s name
• ✅ Banks or share registries require it before releasing larger balances
• ✅ Aged-care or other institutions require it to release funds or bonds

Probate may not be needed for small or simple estates. A key factor is how property is owned:

• Joint tenants — assets owned as joint tenants (for example, a home or bank account held jointly) pass automatically to the surviving owner by the right of survivorship. They sit outside the estate, so they don’t need probate to transfer.
• Tenants in common — a share held as tenants in common does not pass automatically. That share forms part of the estate and generally needs probate before it can be transferred to the beneficiaries.

Each asset holder (bank, share registry, or land titles office) also sets its own threshold, so the Executor should ask what each one requires. For the full picture, see Probate in Australia: What It Is and How It Works.

The RedCrest-Probate notice of intention

Before filing, a Victorian Executor must publish a notice of intention to apply on RedCrest-Probate (the Supreme Court’s online system) and wait at least 14 days before lodging the application — in practice the Court asks you to allow 15 days. This is required by Rule 2.03 of the Supreme Court (Administration and Probate) Rules 2023 (Vic). The notice lists the deceased, the Will, and the proposed Executors, and gives creditors and other interested people a chance to come forward. Once published, it stays valid for three years.

Victorian probate filing fees

The Supreme Court of Victoria charges a filing fee based on the gross value of the deceased’s Victorian assets. As at 1 July 2026, the tiers are:

There is also a small fee (around $38) to post the notice of intention on RedCrest-Probate.

How long does probate take in Victoria?

For a straightforward, uncontested estate, the Probate Office often issues a grant within a few weeks of a correct application (you can only lodge after the notice has been advertised for at least 15 days) — but the full administration (gathering assets, paying debts, and distributing) commonly takes several months. Anything contested or complex takes longer.

The “executor’s year.” Executors in Victoria are generally expected to wind up and distribute a straightforward estate within 12 months of the date of death — a long-standing guideline known as the executor’s year. It’s a rule of convenience rather than a strict deadline, but beneficiaries generally can’t demand their share before the 12 months are up. A well-organised Executor aims to finish within the year wherever the estate allows.

While an estate is being administered:

❌ Sole-name accounts are usually frozen until the grant issues (joint accounts typically remain accessible to the survivor)
❌ Property held solely can’t be sold or transferred until probate is granted
✅ A modest release for the funeral is often possible from a frozen account

This is exactly why an organised, reliable Executor matters — delays fall hardest on the beneficiaries who are waiting.

State Trustees as Executor

You can appoint State Trustees — Victoria’s public trustee — as your Executor, either as your main choice or as a final Backup if none of your personal Executors can act.

✅ Professional administration — experienced staff handle the whole process
✅ A neutral choice — useful where family conflict is likely, or where you have no one suitable to ask
⚠️ Fees apply — their charges are fee-for-service and percentage-based, which can be material on larger estates

Many people in Victoria name a trusted person as their primary Executor and list State Trustees (or a private trustee company) only as a last-resort Backup. Compare your options and check current fees before deciding.

Choosing the Right Executor for Your Victorian Will

Essential qualities

✅ Trustworthy — you’d trust them with everything you own
✅ Organised — comfortable with paperwork and deadlines
✅ Reliable — will see the job through
✅ Willing — has agreed to act and understands what’s involved
✅ Available — likely to be around and well when needed (consider age and health)
✅ Level-headed — can stay calm if family tensions arise

Common choices in Victoria

1. Spouse or partner — the most common choice
2. Adult children — often as Co-Executors when they inherit equally
3. A sibling or trusted friend — organised and impartial
4. A solicitor or accountant — professional, charges fees
5. State Trustees or a private trustee company — professional, charges fees

Ask before you name them

✅ Are they willing to act?
✅ Do they understand the role and the time it takes?
✅ Are they likely to be available and well when needed?
✅ Do they live somewhere that makes administration practical?

Always name a Backup Executor — even a perfect first choice can be unavailable when the time comes.

How to Add Executors in Your Victorian Will

With Will Hero, adding Executors to your Victorian Will is simple. Create your Will online in Victoria and add your Executors, Co-Executors, and Backup Executors in a few minutes:

Step-by-Step Process

1.Choose your Primary Executor — someone you trust completely

2.Add Co-Executors (optional) — if you want two people to act together

3.Add Backup Executors — strongly recommended; add at least one

4.Review your choices — use the Visual Will to see how your estate flows

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

The process is straightforward and takes just a few minutes. Starting at just $99, you can create your complete Victorian Will with unlimited Backup Executors in as little as 15 minutes.

Will Hero features

✅ Unlimited Backup Executors — add as many layers as you need
✅ Visual Will — see how your Executor choices affect your estate
✅ Review My Will — guidance as you go
✅ Victoria-compliant — clauses built for the Wills Act 1997 (Vic)

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

What Happens If You Don’t Name an Executor?

If your Will names no Executor, or your Executor can’t act and you’ve named no Backup, the estate doesn’t manage itself:

1. Someone must apply — usually a main beneficiary or next of kin
2. The Supreme Court of Victoria appoints an administrator — granting letters of administration with the Will annexed
3. Delays occur — the application takes time, and assets stay frozen meanwhile
4. Costs rise — legal fees for the application reduce the estate
5. Less control — the person appointed may not be who you would have chosen

The court generally looks to those with the greatest interest in the estate (for example, the main beneficiaries) to take on the role. Naming your own Executor — and a Backup — keeps that choice in your hands and avoids the delay.

Special Situations in Victoria

Your Executor dies before you

✅ Backup steps in — your Backup Executor acts as if they were the primary
❌ No Backup? — someone must apply to the Supreme Court of Victoria instead

Learn more: what happens if your Executor dies before you.

Your Executor renounces (declines)

✅ Backup steps in — your Backup Executor acts instead
❌ No Backup? — someone must apply to the court

Always discuss the role with your chosen Executor before naming them.

Your Executor loses capacity

✅ Backup steps in — your Backup Executor acts instead
❌ No Backup? — someone must apply to the court

Consider age and health when choosing, and always name a Backup.

Separation or divorce in Victoria

Divorce generally revokes gifts to, and an appointment of, a former spouse under your Will in Victoria (see s 13 of the Wills Act 1997 (Vic)) — but separation alone usually does not. If your relationship changes, review your Will and your Executor choice promptly. See How to Make a Will in Victoria.

Changing your Executor

✅ Make a new Will — a new Will revokes the old one and names your new Executor
✅ Update with Will Hero — within your 12-month update period, edit and re-sign
✅ Re-sign correctly — the new Will must be signed with two independent witnesses

The bottom line

Choosing an Executor in Victoria isn’t about finding someone with legal training — it’s about choosing someone you trust to be organised, reliable, and genuinely willing to act. Almost anyone can take on the role, they can also inherit under your Will, and they’ll be reimbursed for their costs (with a commission for the work itself available only where the Will allows it, the beneficiaries agree, or the Supreme Court orders it). Behind the scenes there’s real process to navigate — the RedCrest-Probate notice, probate fees scaled to the size of the estate, and the expectation that the estate is wound up within the executor’s year.

The single most valuable decision you can make is to name a Backup Executor, so your estate is never left without someone you chose to manage it. It isn’t legally required, but it’s the one choice that most reliably protects your wishes.

Related Resources

• How to Choose the Right Executor for Your Will — national guide
• What Happens If My Executor Dies Before Me? — why Backups matter
• How to Make a Will in Victoria — step-by-step Victorian guide
• Who Can Witness a Will in Victoria? — why Victoria’s witness rules are different
• What Happens If I Die Without a Will in Victoria? — intestacy in Victoria
• Who Can Be an Executor in NSW? — the New South Wales rules
• Probate in Australia — how probate works
• Online Wills Victoria — create your Will online with Will Hero

Ready to Create Your Victorian Will?

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

✅ Victoria-compliant — clauses built for the Wills Act 1997 (Vic)
✅ Unlimited Backup Executors — add as many layers as you need
✅ Visual Will — see how your Executor choices affect your estate
✅ Just $99 — complete your Will in as little as 15 minutes

Create your Victorian Will online today →