What is the role of an executor under Indian law?

What the Law Says

The role and powers of an executor in India are primarily governed by the Indian Succession Act, 1925. The Act defines who may act as executor, outlines their authority, and sets procedural requirements such as obtaining probate.

An executor is appointed by the testator (the person making the will) and derives authority solely from the will. Under Section 2(g) of the Indian Succession Act, 1925, an 'executor' means a person to whom the execution of the last will of a deceased person is entrusted by the testator’s will.

Section 213(1) states that no right as executor or legatee can be established in any Court of Justice unless a court of competent jurisdiction in India has granted probate of the will (or letters of administration with the will annexed). This makes probate essential for legal recognition of the executor’s authority — especially for immovable property or where required by law.

Section 307 empowers the executor to recover assets, pay debts and funeral expenses, and distribute the residue among beneficiaries. The executor must act honestly, diligently, and in good faith — a fiduciary duty enforceable under general principles of equity and trust law.

Unless the will provides otherwise, executors are not entitled to remuneration for their services (Section 308). However, they may apply to the court for reasonable compensation if the work is unusually burdensome.

Statutory Text

‘executor’ means a person to whom the execution of the last will of a deceased person is entrusted by the testator’s will

— Indian Succession Act, 1925, s. 2(g) — Definitions

Statutory Text

No right as executor or legatee can be established in any Court of Justice unless a court of competent jurisdiction in India has granted probate of the will

— Indian Succession Act, 1925, s. 213(1) — Probate and letters of administration

Statutory Text

The executor shall have power to do all acts requisite for realizing the assets of the deceased, paying his debts and funeral expenses, and distributing the residue among the persons entitled thereto

— Indian Succession Act, 1925, s. 307 — Powers of executor

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