Introduction

An executor plays a role in carrying out the wishes of a deceased person. For Non-Resident Indians (NRIs), appointing the right executor becomes even more important because estate administration often involves cross-border coordination. The appointment and powers of an executor are governed by the Indian Succession Act, 1925. The law does not impose residency restrictions. An NRI can act as an executor, and a testator can appoint any competent adult, whether residing in India or abroad.

What Does an Executor Actually Do After the Testator’s Death?

The executor’s primary duty is to implement the will. The process usually begins with applying for probate when required. Probate is a court order that confirms the authenticity of the will and authorizes the executor to administer the estate. Probate becomes mandatory in cities such as Mumbai, Chennai, and Kolkata in specified cases involving immovable property and certain communities. In other regions, institutions may still insist on probate before transferring assets. After obtaining probate, the executor identifies and secures all assets. This includes property, bank accounts, shares, investments, and personal belongings. The executor must also settle outstanding debts, taxes, and funeral expenses from the estate funds. Once liabilities are cleared, the executor distributes the remaining assets strictly according to the terms of the will. If the court requires, the executor must submit detailed accounts showing how the estate was managed and distributed.

Can an NRI Serve as an Executor Without Staying in India?

An NRI can serve as an executor without physically residing in India. The law does not mandate continuous presence. However, practical challenges may arise, such as attending court hearings, signing documents, or dealing with banks and local authorities. To overcome these hurdles, an NRI executor can appoint a trusted representative in India through a Power of Attorney. The Power of Attorney must be properly attested or apostilled abroad and stamped in India. The representative can handle procedural tasks while the executor retains decision-making authority. In many cases, appointing joint executors works efficiently. A combination of one NRI and one resident executor ensures smoother administration. This arrangement reduces delays and simplifies coordination with local institutions.

How Should You Choose the Right Executor?

Selecting the right executor is crucial for preventing disputes. Choose someone trustworthy, organized, and capable of handling legal and financial matters. The person should understand the responsibility and be willing to act. You should discuss the appointment with the proposed executor beforehand. Their consent ensures readiness to take on the role. Naming an alternate executor in the will also prevents complications if the primary executor declines, becomes incapacitated, or passes away. You may appoint a relative, close friend, or professional such as a lawyer or chartered accountant. The will should clearly specify the powers granted and whether multiple executors must act jointly or independently.

What Legal Responsibilities and Liabilities Does an Executor Carry?

An executor holds fiduciary duties. This means they must act honestly, impartially, and in the best interests of all beneficiaries. They cannot misuse estate assets or favor one beneficiary unfairly. If the executor delays distribution without valid reason or mismanages property, beneficiaries can approach the court. Courts have the authority to remove an executor for misconduct or breach of duty. In serious cases, the executor may face personal liability for financial losses caused by negligence or bad faith. Maintaining transparency protects the executor. Proper record-keeping, timely communication with beneficiaries, and compliance with court directions reduce legal risks.

Conclusion

The executor plays a vital role in ensuring that an NRI’s will is properly implemented. The Indian Succession Act provides the legal foundation for appointment and administration. Whether resident or non-resident, the executor must secure assets, settle liabilities, obtain probate when required, and distribute property according to the will. Careful selection, clear drafting, and responsible administration ensure that the testator’s intentions are honored without unnecessary disputes or delays.