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Estate planning · Will

Executor: who should it be and what do they do

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The Executor is the person appointed in the Will to carry out its instructions after death. They collect assets, pay debts, file the final ITR, and distribute what remains to beneficiaries. Choose someone: trustworthy, younger than you, not a primary beneficiary (conflict of interest), and ideally a CA or lawyer. You can appoint multiple co-executors.

Provisions

Indian Succession Act 1925, Sec 211-265 | Probate: Sec 222

Analysis

Executor must obtain Probate (court certification of the Will) before banks/property registrar will transfer assets. Probate is mandatory in Bombay, Calcutta, and Madras High Court jurisdictions, advisable everywhere.

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  1. Obtain Death Certificate from municipal authority
  2. File Probate petition at High Court (if required)
  3. File deceased's final ITR for the year of death
  4. Collect all assets, bank accounts, investments, property
  5. Pay outstanding debts and liabilities first
  6. Distribute remaining estate to beneficiaries per Will

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