What executor means
An executor is the person who does the work after somebody dies.
They are named in the will, and their job is to take control of the estate, identify what the deceased owned and owed, pay the debts and any expenses, and then distribute what is left according to the will.
It is an administrative role with real legal responsibility. An executor who distributes to beneficiaries before settling debts can find themselves personally exposed.
How it is used
The executor's authority is confirmed through probate, which is the court process that proves the will and formally recognises them. Banks and land registries generally will not release anything without it.
In practice the sequence is deposit the will, apply for probate, obtain the grant, then use that grant to deal with accounts, property and other assets. In Nigeria this takes months rather than weeks, and longer where the estate is complicated or the family is in conflict.
Key features
- Named in the will by the person making it
- Authority confirmed by a grant of probate from the court
- Responsible for collecting assets, paying debts, and distributing to beneficiaries
- Can be a beneficiary as well, which is common in family wills
- Owes duties to the estate and can be personally liable for getting it wrong
How this works in Nigeria
Probate is handled by the probate registry of the High Court in the relevant state, and the process is document heavy. Death certificate, the original will, an inventory of assets and liabilities, and the executor's own identification are the usual starting points.
One practical point that causes real hardship. Bank accounts are frozen on notification of death, and family members often cannot access funds for months while probate runs. Where the deceased was the sole income earner, this is where the pain lands, and it is an argument for keeping a modest joint account rather than relying on the estate.
Executor vs administrator vs trustee
An executor is named in a will and derives their authority from it, confirmed by probate.
An administrator is appointed where there is no valid will, or where the named executor cannot act. They apply for letters of administration rather than probate, and they distribute according to the applicable intestacy rules rather than anybody's wishes.
A trustee holds property for the benefit of others on an ongoing basis, which can continue for years, for example where a minor's inheritance is held until they come of age. An executor's job ends when the estate is distributed.
Limits and risks
An executor cannot ignore the will and distribute as they see fit, and cannot prefer themselves over other beneficiaries.
They also cannot act before probate in most meaningful respects, which is what frustrates families who expect the executor to unlock accounts the week after the funeral. The authority is real but it has to be granted first.
Worth knowing
Name at least one alternate executor. Wills routinely name a single trusted person who has since died, moved abroad or fallen out with the family, and that gap turns a straightforward probate into a contested one.