A close friend has asked me to be the executor of his will. His children live abroad, and he says he trusts me more than anyone else to handle things. I want to help, but I am not sure what I would be signing up for. What does an executor actually do? And if I agree now, can I back out later?
—Name withheld on request
You have chosen the sensible approach of understanding your role as an executor before accepting the responsibility.
Under law, the deceased’s property vests in the executor, who acts as the legal representative of the estate. In practice, you have to locate the will and assets, pay funeral expenses, debts and taxes from the estate, and then transfer the assets to the legatees as the will directs.
You will also need to complete formalities such as obtaining a PAN card for the estate, opening an estate bank account and dealing with various authorities and institutions, depending on the nature of the assets. These could include land revenue authorities, housing societies and provident fund authorities. The entire process can last months and often years.
Probate is no longer mandatory anywhere in India after December 2025, but you may still have to apply for it if family members are likely to dispute the will or if a regulator or financial institution requires it under its policies. Once probate is granted, you must file an inventory of the estate in court within six months and an account within a year.
You are not entitled to a fee for acting as executor unless the will provides for remuneration. That said, reasonable expenses, such as travel costs and legal and professional fees, can be paid or reimbursed from the estate.
Plan before accepting
Presumably, your friend has asked you to be the executor of a will that he intends to sign imminently. Before accepting, you should discuss some good practices with him to make administering the estate easier.
He should also take legal advice to ensure that the will is clear and unambiguous. Urge him to name a co-executor or alternate executor, ideally someone younger or a family member, in case you are unable or unwilling to follow through with this responsibility later. He should also inform his children that he has appointed you to avoid future surprises.
You should recommend that he maintain an updated list of his assets, liabilities, nominations and other relevant details, and guide you on where to find the will and related documents when he is no longer around.
Can you back out?
To address your question about whether you can back out later, you can disclaim your role before or after your friend passes away.
If you change your mind before his demise, you should inform him so that he can amend his will to appoint someone else in your place. If you choose to renounce the role after his passing, you should do so as soon as possible, before you have ‘intermeddled’ with the estate, that is, before dealing with its property and taking on fiduciary duties, and certainly before applying to a court for probate where it is required.
You must record the renunciation in a written document signed by you; no particular format has been prescribed.
If your friend has left you a legacy in the will, bear in mind that you can claim it only if you demonstrate an intention to act as executor or obtain probate, unless the legacy has been bequeathed independently of your acting as executor.
Shaishavi Kadakia is a partner, Cyril Amarchand Mangaldas.