What Does an Executor Actually Do?

An executor is the person named in a will to carry it out. They apply to court for probate, gather and secure the assets, settle the debts, and distribute what remains to the beneficiaries the will names. The job...

What Does an Executor Actually Do?

An executor is the person named in a will to carry it out. They apply to court for probate, gather and secure the assets, settle the debts, and distribute what remains to the beneficiaries the will names. The job usually runs for months and involves banks, courts, land offices, and difficult relatives, which is why the right question when choosing one is stamina and honesty, not seniority.

The work starts earlier than most people expect. In the days after a death, someone must secure the land titles, log books, agreements, cash, and keys before confident relatives do, notify NSSF, the banks, the insurers, and the employer, and make sure nothing significant is sold or distributed before the court grant. The First Week After a Death describes an unprepared executor as drifting on the ocean with no compass: they believe a will exists somewhere, but they do not know which bank holds the accounts or where the titles sleep. The kindest thing a testator can do for an executor is leave one findable file that answers those questions.

The common misunderstanding is that the executor decides who gets what. They do not. The will decides; the executor delivers. An executor who reallocates shares, however reasonable the logic feels, is acting outside their authority. The mirror-image misunderstanding is cultural: that the eldest son or the customary heir is automatically the executor. Neither is true. The role belongs to whoever the will names, and it can be a daughter, a friend, or a professional. Under Uganda's Succession Act, an executor may witness the will, but a gift to an attesting witness is void, so an executor who is also a beneficiary should not be one of the two witnesses. The Will-Writing Session covers the qualities that matter: organized, honest, likely to outlive you, and willing.

Willing deserves emphasis. An executor who learns of the role at the funeral starts a step behind, so ask the person before naming them, and name a substitute as well. Then keep the appointment alive. The Document Refresh Rhythm suggests three questions to ask about your named executor every year: alive, able, willing. The age-mate who was perfect at 50 may not have the strength for months of queues at 78, and there is no kindness in pretending otherwise.

One honest note on scale: for a simple estate, a trusted family member serves well. Where the estate holds business shares, contested land, or a family already in tension, consider naming someone outside the interested parties, precisely because the executor's authority will be tested.

One action: if you have a will, phone your executor this week and ask one question: do you still want this role? If you do not have a will, choosing your executor is the first fifteen minutes of writing one.

Keep reading

  • What Is a Beneficiary?
  • Can You Change a Will After Writing It?
  • What Is a Kibanja?
  • What Is a Trust?

Keep reading

  • What Is a Beneficiary?
  • Can You Change a Will After Writing It?
  • What Is a Kibanja?
  • What Is a Trust?