What Is an Executor?

An executor's job starts as soon as the person who made the will dies. Early tasks typically include registering the death, locating the original will, arranging the funeral if instructions are left, and notifying banks, pension providers and other organisations of the death.

The bulk of the work involves valuing the estate: identifying everything the deceased owned, from property and savings to investments and personal possessions, and identifying everything they owed. This valuation is needed both to apply for probate and to work out any inheritance tax due.

Once probate is granted, the executor collects in the assets, settles debts, funeral costs and any tax, and then distributes the estate according to the terms of the will. They must also keep clear accounts, since beneficiaries are entitled to see how the estate was administered.

In England and Wales, most estates require a grant of probate before an executor can access accounts or sell property in the deceased's sole name. Probate is the court's official confirmation that the will is valid and that the named executor has authority to administer the estate.

Small estates, or those where assets are jointly owned and pass automatically, may not need probate at all. Where it is needed, the executor completes an inheritance tax return if applicable, then applies to the Probate Registry, either personally or through a solicitor.

In practical terms, the steps usually run in order: register the death, value the estate, report to HM Revenue and Customs where inheritance tax applies, pay any tax due from the estate's own funds or a bank facility, submit the probate application, and only then start closing accounts and transferring or selling assets once the grant arrives.

Executors owe a duty to act in the best interests of the estate and its beneficiaries, to act impartially between beneficiaries, and to administer the estate within a reasonable time. They must follow the terms of the will exactly, even if they personally disagree with them.

Because the role carries personal responsibility, an executor who distributes the estate incorrectly, for example by paying out before settling a valid debt or without properly advertising for unknown creditors, can in some circumstances be held personally liable. This is one reason many executors take advice on more complex estates.

Almost any adult of sound mind can be appointed as an executor, including a spouse or civil partner, an adult child, another relative, a close friend, or a professional such as a solicitor or accountant. It is common to appoint more than one executor to share the workload and provide a check on each other.

A person named as executor is not obliged to act. They can renounce the role, provided they have not already started dealing with the estate, or they can apply to have someone else appointed if circumstances change.

A frequent mistake is distributing money to beneficiaries too quickly, before all debts and potential claims against the estate have been dealt with, which can leave an executor personally out of pocket if a creditor comes forward later. Placing a statutory notice for unknown creditors before distributing is a straightforward way to guard against this.

Other common errors include undervaluing property or possessions for probate, failing to keep receipts and records of expenses, and treating jointly owned assets as part of the estate when they may pass automatically to a surviving co-owner instead.

Many small, simple estates can be administered by a lay executor without a solicitor, particularly where there is a valid will, one property, and straightforward bank accounts. Larger or more complex estates, those involving a business, overseas assets, disputed claims, or a taxable estate, are usually better handled with professional support.

A solicitor can be instructed to deal with the whole administration, or simply to advise the executor at key stages, such as calculating tax or dealing with a difficult beneficiary, without taking over the role entirely.