The executor is the person a will names to carry it out. The law sets the order in which the executor pays funeral costs, the costs of the estate and the deceased's debts, and only then the gifts the will makes.
The executor stands in for the deceased
The executor, or an administrator appointed by a court, is the deceased's legal representative for all purposes, and the deceased's property vests in them (Indian Succession Act, 1925, section 211(1)).
When the deceased was a Hindu, Muslim, Buddhist, Sikh, Jain or Parsi, or an exempted person, property that passes to someone else by survivorship does not vest in the executor (section 211(2)).
Collecting the estate
The executor must collect, with reasonable diligence, the deceased's property and the debts that were owed to the deceased at the time of death (section 319).
The order of payment
- Funeral and death-bed costs. The executor must provide for the necessary funeral ceremonies if the estate is enough for it (section 316). Funeral expenses of a reasonable amount, and death-bed charges, including medical fees and board and lodging for the month before death, are paid before all debts (section 320).
- The costs of probate or letters of administration, including any court proceedings needed to administer the estate, come next (section 321).
- Wages due for services in the three months before death by a labourer, artisan or domestic servant are paid next, and then the other debts according to any priorities they have (section 322).
- All other debts are paid equally and rateably, as far as the estate goes, with no creditor ahead of another (section 323).
- Debts before gifts. Every debt must be paid before any legacy (section 325).
Inventory and account
If probate or letters of administration are granted, the executor must, within six months of the grant, file in that court an inventory of the property and of the debts owed to the estate. Within one year of the grant, the executor must file an account showing what came in and how it was used. The court can allow more time (section 317).
Handing over the gifts
- A beneficiary's title to a legacy is complete only when the executor assents to it (section 332).
- The executor does not have to pay or hand over a legacy until one year after the death, even if the will says it should be paid sooner (section 337).
A caution for family members
A person who deals with the estate, or does anything that belongs to the executor's office, when there is no rightful executor or administrator, becomes in law an "executor of his own wrong" (section 303). Looking after the deceased's belongings to preserve them, paying for the funeral, or meeting the family's immediate needs does not have that effect.
Sources
- The Indian Succession Act, 1925 (Act 39 of 1925), sections 211, 303, 316, 317, 319, 320, 321, 322, 323, 325, 332 and 337. India Code consolidated text as on 19 June 2026, read 9 October 2026: https://indiacode.gov.in/act/3eeb6aec-1e1f-42d4-9673-c04d21829663
General information about Indian law, not legal advice. Waseeyat is not a law firm.