Plain answers
How to appoint an executor
Who can be your executor in Queensland, how many to appoint, why a substitute matters, and the wording that keeps the appointment out of trouble.
Short answer
In Queensland you appoint an executor by naming that person in your will — there is no separate form or registration. The appointment clause names the person in full, and should name at least one substitute in case your first choice dies before you, loses capacity or does not want the role. An executor must be at least 18 and have legal capacity; they can be a beneficiary, and most people appoint their spouse, an adult child, a trusted friend, or a solicitor or the Public Trustee. You can appoint two or more executors to act jointly, but an even number invites deadlock, so an odd number or a clear first-and-substitute structure works better. The will must be signed by you and witnessed by two adults who do not benefit under it, or the gift to a witnessing beneficiary can fail. Nobody is forced to act: an executor may renounce before intermeddling in the estate, which is why substitutes matter. Coastside Law prepares wills at fixed fees — $495 for a simple will, $825 for a will and enduring power of attorney pack and $1,499 for a couples pack, all including GST.
Step by step
1. Decide who is genuinely up to it
The job is administrative, financial and often emotional: locating assets, dealing with banks and the Supreme Court, paying debts, and answering to beneficiaries. Choose someone organised, contactable and even-handed rather than simply the eldest child.
2. Check they are eligible and willing
An executor must be 18 or over and have legal capacity. A beneficiary can be an executor, and usually is. Ask the person first — an appointment sprung on someone is often renounced, which delays the estate.
3. Choose how many, and in what order
One executor with a named substitute is the cleanest structure. Two can work where the estate is large or the family expects balance, but joint executors must act unanimously, so an even number can deadlock. Avoid appointing four adult children for the sake of fairness.
4. Always name a substitute
Your first choice may predecease you, lose capacity or simply decline. A substitute clause avoids the estate falling back to an application for letters of administration with the will annexed, which is slower and more expensive.
5. Use precise wording in the will
The clause should name the person in full with their address and relationship to you, appoint them executor and trustee, and set out the substitution. Nicknames, initials and 'my eldest child' cause identification problems in the Supreme Court years later.
6. Sign and witness correctly
You sign the will in the presence of two adult witnesses who both sign in your presence. A witness — or their spouse — who benefits under the will can lose that gift. We supervise signing so the formalities are not in doubt.
7. Tell the executor and store the original safely
Tell them they have been appointed and where the original will is kept. We store original wills in safe custody free of charge. The Court needs the original document; a copy raises a presumption the will was revoked.
Fixed fees for wills
Simple will
$495
including GST
Will + EPOA pack
$825
including GST
Couples pack
$1,499
including GST
Complex estate planning — blended families, companies, trusts or SMSFs — is quoted separately before we start. Original wills are held in safe custody free of charge.
Where to go next
- Wills, estates and probate in QueenslandWho we are, what we handle and every fixed fee in one place.
- What happens when someone dies in QueenslandThe full sequence your executor will have to work through.
- Already been appointed executor?Fixed-fee probate from $3,300 including GST.
- Free will safe custodyWhere the original should live so your executor can find it.
Who will help you
Michael Klein
Legal Practice Director
Admitted 2003. Based in Redcliffe, Moreton Bay.
Read Michael's profile
Common questions
How do I actually appoint an executor in Queensland?
By naming the person in a validly executed will. There is no registry, no separate form and no filing during your lifetime. The appointment only takes effect on your death, when the executor applies for a grant of probate if one is needed.
Can my executor also be a beneficiary?
Yes, and it is very common — most people appoint their spouse or an adult child who also inherits. That is not a conflict. What matters is that a beneficiary, or their spouse, must not be one of the two witnesses to your signature, or the gift to them can fail.
Should I appoint one executor or two?
One executor plus a named substitute is usually best. Joint executors must act together and sign everything together, so two who disagree can stall an estate. Where balance between family branches matters, two can work, but the will should say what happens if they cannot agree.
Can an executor live interstate or overseas?
Yes. Residence does not affect their authority — the will appoints them, not their postcode. A Queensland estate is administered through the Supreme Court of Queensland regardless, and we run those files by email, phone and electronic signing. An executor living overseas can add practical delay with identity verification and signing.
What happens if my executor dies before me or refuses to act?
The substitute named in your will steps up. If there is no substitute and no willing executor, an eligible person — usually a major beneficiary — must apply for letters of administration with the will annexed, which takes longer and costs more. That is exactly what a substitute clause avoids.
Can I change the executor later?
Yes. You can make a new will, or a codicil, at any time while you have capacity. Relationships and circumstances shift, so we suggest reviewing the appointment after a marriage, separation, death in the family or a move interstate.
Should I appoint a solicitor or the Public Trustee instead?
Sometimes. A professional executor makes sense with a blended family, a likely dispute, a business to wind up or no suitable family member. Be aware professional executors charge for the role, often on a commission or scale basis. Many clients instead appoint a family member and have us act for them at a fixed fee.
What do you charge to prepare a will?
$495 including GST for a simple will, $825 for a will and enduring power of attorney pack, and $1,499 for a couples pack of mirror wills and enduring powers of attorney. Complex estate planning involving companies, trusts, SMSFs or blended families is quoted separately. Original wills are stored in safe custody free of charge.
Other ways people ask this
- how to appoint an executor
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- who should I choose as executor QLD
- can an executor be a beneficiary in Queensland
- can you have two executors
- what happens if the executor dies first
- can an executor live interstate or overseas
- how to change the executor of my will
- can an executor refuse to act QLD
- executor of a will Caloundra solicitor
Coastside Law, 40 Theresa Street, Golden Beach QLD 4551 and 15 Fortune Street, Scarborough QLD 4020. Call 0488 340 853 (Erin Wilkinson) or 0419 000 884 (Michael Klein). This page is general information about Queensland law, not advice on your will.
Naming an executor, or updating the one you named years ago?
A short appointment is usually enough. We will confirm the fixed fee in writing before you commit.