Introduction
An executor is the person named in a will who is legally responsible for carrying out someone’s wishes and handling their estate after they die. The estate includes all their money, property, investments and possessions.
Being an executor is an important role. It comes with legal and practical responsibilities that can be complicated and time-consuming.
What is the executor of a will?
The executor's duty is to sort out the estate of someone who has died and then share any inheritance out according to the terms of the will. This process is known as administering the estate.
Administering the estate usually involves getting probate, if the person left more than a few thousand pounds or owned property. Probate and other estate administration can take several months to a year. Delays can happen if the will isn’t clear, if there are challenges or disagreements, or if unexpected circumstances arise.
There can be up to four named executors in a will. It’s common to name at least two in case one isn’t able to take on the role for some reason. An executor can be a relative or friend of the person who died, (including those who are due to inherit). Sometimes the executor is a solicitor or other professional.
What happens if someone dies without a will?
When someone dies without a will then the estate still needs to be administered. This is carried out by an administrator whose role is similar to an executor. The administrator is usually the next of kin. They need to obtain a legal document called Letters of Administration instead of a grant of probate, but many of their duties are the same.
What does an executor do? Key responsibilities
The role of an executor involves a number of tasks during the 'administration period’. This period starts from the date the person died, and ends when any inheritance is distributed to the beneficiaries.
Immediate steps
Registering the death: After someone dies, the death must be registered (normally within five days in England, Wales, and Northern Ireland). Part of the registration includes getting the death certificate (and copies).
Finding the will: The most up-to-date version of the will must be found. It may be among the possessions or papers of the person who died, or sometimes it is held by their solicitor.
Arranging the funeral: Executors will need to check for specific instructions or funeral plans left by the person who died. These may be included in the will, or written down in other documentation. The executor is typically responsible for paying for the funeral, although banks may agree to release funds directly to pay for funeral expenses. Otherwise the funeral expenses can be paid back from the estate later.
Looking after property and possessions: It’s important to take responsibility for any houses, flats or other property owned by the person who died. Property needs to be made secure (especially if no one is living there), and insurers informed. You may need to get a new insurance policy if the current one doesn't cover an empty property. You might also want to stop postal deliveries and notify utility companies.
Next steps in administering the estate
Valuing the estate
The estate of someone who’s died is made up of:
Their assets: The money, investments, property (such as houses and flats) and possessions they owned.
Debts and liabilities: Anything they owe to others (any debts and liabilities).
Valuing the estate involves identifying and valuing all the assets and debts. You'll need to contact various organisations like banks, insurance companies, and pension providers to find out the values and balances. Professional valuations may be needed for significant assets like property or high value items (generally anything worth over £1,500).
Dealing with Inheritance Tax
It's the executor's responsibility to assess the estate for Inheritance Tax, complete the appropriate forms, and pay any tax owed.
Inheritance Tax is generally due if the estate is valued over £325,000, with a potentially higher threshold if a home is left to children or grandchildren. Estates left to a spouse, civil partner, or charity are exempt.
Any Inheritance Tax that is immediately due must be paid before you can apply for probate. Banks may agree to release funds directly to HMRC for this purpose.
Applying for probate
The Grant of Probate is a legal document issued by the Court that confirms the executor's authority to deal with and administer the estate.
You will usually need to apply for probate unless the estate is under the probate thresholds and the person didn’t own property .
If there wasn’t a will, an administrator will apply for Letters of administration through a similar procedure.
Collecting assets and distributing the estate
Once probate is granted, the executor can collect together the value of assets (withdraw money from bank accounts, sell property, etc). It can be a good idea to open a separate executor's bank account to hold estate funds and manage this process.
Settling finances and paying debts
Executors are responsible for paying all outstanding debts and liabilities of the person who died. This includes taxes, bills, and any loans. Any debts must be paid off in full before any inheritance is paid to beneficiaries.
If the estate is insolvent (the amount they owed is greater than the assets they owned), there is a strict legal order for paying creditors.
It is a good idea to place a deceased estates notice in The Gazette and local newspapers to alert potential creditors. This helps protect the executor from personal liability for unknown debts.
Distributing remaining assets
After paying all debts, taxes, and expenses, you can distribute the remaining estate among the beneficiaries according to the will.
Before distributing the money, it's important to make appropriate checks on beneficiaries, making sure you have the right person, especially if they are not known to you.
Executors can be personally liable for mistakes, such as distributing assets before debts or taxes are settled, or paying a bankrupt beneficiary.
Keeping records
Throughout the process, executors need to keep full and clear records of all transactions.
At the end of the administration process, executors should prepare estate accounts detailing all income and expenditure, and show these to the beneficiaries.
Is being an executor difficult?
Being an executor can be a demanding role. It can take up quite a bit of time, especially for complicated estates, or where there are disagreements among beneficiaries. The tasks can take months, or even years, to complete – there’s no defined time limit, and many factors can cause delays.
The role also carries some personal liability. Executors are personally responsible for ensuring the estate is administered correctly, taxes are paid, and debts are settled before distributing assets.
Who can be an executor?
Anyone over 18 with mental capacity can be an executor. Many people choose family members or friends, such as a spouse, child, or other relative.
It’s possible to appoint more than one executor, up to a maximum of four. Having more than one executor can help share the responsibility and provide a back-up in case one executor is unable to act. They will need to be able to work together.
Alternatively, sometimes people appoint a professional executor, such as a solicitor, accountant, or bank. If you use a professional executor, they will be paid out of the estate.
Do all executors need to apply for probate?
Wills often name more than one executor. If probate is needed, not every executor has to take an active role in applying. A maximum of four executors can apply to the Probate Registry to prove the will and be officially named on the grant of probate.
Can executors be changed or step down?
It is possible to change executors at any time by rewriting the will.
If you are a named executor in someone’s will, after they die you can 'renounce' your position. You can only do this before you have started dealing with the estate. If you have begun dealing with the estate, it's more complicated to step down and you will almost certainly need a court order.
If there are other executors who are happy to take an active role, you can get 'power reserved'. This means you take a back seat in the administration process, but can apply to step in if the need arises. This is often used if an executor lives abroad, is very busy or is ill.
If an executor is refusing to carry out their duties, you should try to resolve it amicably. If you can’t reach agreement with other executors, or feel someone needs to be removed from their role, you will need to get legal advice.
Professional advice
It is possible to handle probate without professional help, and this can save on legal fees. If you go down this route, the executor is responsible for all paperwork and legal requirements.
However, many people chose to use a solicitor or other professional to help with probate and other executor duties. Executors and administrators take on personal financial and legal liability. If they make mistakes — such as miscalculating taxes, sharing out inheritance incorrectly, or failing to settle debts — they can be held personally responsible for any losses, even if this was unintentional. Any mistakes on the probate or inheritance forms can also lead to significant delays.
Read more about the costs of probate and how to manage them effectively.
Frequently Asked Questions about being an executor
What are my duties as an executor of a will?
Your duties include registering the death, finding the will, arranging the funeral, valuing the estate, dealing with Inheritance Tax, applying for the probate, collecting assets, paying debts and taxes, keeping records, and distributing the estate to beneficiaries according to the will.
Can I claim expenses as an executor?
Yes, you can claim reasonable out-of-pocket expenses. You can also claim expenses like funeral costs and probate application fees. Sometimes banks will release funds to pay expenses, but sometimes expenses will need to be claimed back from the estate after probate is granted. Professionals acting as executors will charge for their services.
Can you refuse to be an executor?
Ideally someone will ask you to agree to be their executor when they write their will. You should consider at the time if you will be able to take on the role. However, if someone hasn’t asked before naming you, or your circumstances have changed by the time they die, you can give up (‘renounce’) your role, as long as you have not started administering the estate.
Is being an executor of a will difficult?
Being an executor can be challenging and time-consuming. How much work is involved will depend on the estate. Executors have legal responsibilities and in some cases can be personally liable for mistakes.
Can an executor of will be a beneficiary?
Yes, an executor is allowed to be a beneficiary of the will. Even if you renounce your executorship, you can still inherit.
Who cannot be an executor of a will?
Someone named as an executor must generally be over 18 and have mental capacity. Some people may legally be able to be an executor but face added difficulties. For example if they live overseas, are bankrupt, are not fluent in English (for a UK estate), are imprisoned or have ill health or limited free time. They might consider refusing or renouncing the role if they cannot carry it out effectively.
How Trustestate can help
Taking on the role of executor and dealing with the admin after someone dies can be a challenging and overwhelming process. Let Trustestate take out the hassle for a fixed transparent fee. We offer a simple, streamlined service with expert support at every stage. Book a free call with one of our experts to find out more.
What we offer
Use our Probate and estate administration service and we’ll manage every stage of the process. We’ll take over all the admin, apply to the court for probate, and share out the estate.
Or if the estate is simple, and you have time, you can use our Grant of Probate only service, and we’ll apply for probate using information you provide.
Whichever service you choose, you’ll get dedicated advice every step of the way, and an online platform to keep track of everything.
