Executor
The person named in a will to carry out its instructions: collect the property, pay debts and hand over the gifts to the people named.
An executor is the person the testator appoints in a will to manage the estate after death. A testator can appoint one or more executors, and often names a family member, a trusted friend or a professional.
The law behind it
Section 2(c) of the Indian Succession Act, 1925 defines an executor as a person to whom the execution of a will is entrusted by the testator's appointment. Under Section 211, the executor is the legal representative of the deceased, and the deceased's property vests in the executor for that purpose. Probate can be granted only to an executor appointed by the will (Section 222).
What an executor does
- Locates the will and the assets, and protects them.
- Pays funeral expenses, debts and taxes from the estate.
- Applies for probate where needed or where institutions ask for it.
- Transfers each gift to the person entitled and keeps accounts.
Refusing the role
An executor does not have to act. They can renounce, preferably in writing, and if all executors renounce or none is named, the court can grant letters of administration with the will annexed.
Choosing an executor
An executor can also be a beneficiary. The law does not forbid it, but choose someone the other beneficiaries trust.
See the executor renunciation deed and the probate petition.
Checked against the sources below on 7 November 2026 IST. General information about Indian law, not legal advice for your case.
Documents that use this term
Guides that explain more
- How to Write a Valid Will in India (And the Mistake That Voids Most Home-Drafted Ones)
A will is one of the simplest documents to execute correctly and one of the easiest to get subtly wrong. One specific, very common mistake voids the bequest it was meant to secure.