How to Choose an Executor: The Complete Guide

Your executor is the person responsible for carrying out your wishes after you die. They'll apply for probate, gather your assets, pay your debts, and distribute your estate. It's a significant responsibility that can take months of work.

Choosing the wrong person - or not thinking carefully about the choice - is one of the most common will-making mistakes. The right executor makes estate administration smooth. The wrong one creates delays, costs, and family conflict.

This guide explains exactly what executors do, who makes a good choice, and the common mistakes to avoid.

What Does an Executor Do?
Who Can Be an Executor?
How Many Executors Should You Have?
Who Makes a Good Executor?
Common Executor Choices
Professional Executors
Common Mistakes to Avoid
Having the Conversation
Frequently Asked Questions
Next Steps

What Does an Executor Do? {#what-do-executors-do}

An executor has legal responsibility for administering your estate after you die. This includes:

Time Commitment

Being an executor is not a quick task. Expect:

Simple estate (under £325,000, no property): 3-6 months, 20-50 hours of work
Standard estate (property, straightforward): 6-12 months, 50-100 hours of work
Complex estate (multiple properties, disputes, tax): 1-2+ years, 100+ hours of work

Who Can Be an Executor? {#who-can-be-executor}

The legal requirements are minimal:

Must Be:

Aged 18 or over when you die
Of sound mind (mental capacity to act)

Can Be:

A beneficiary of your will (very common)
A family member or friend
A professional (solicitor, accountant, bank)
Someone who lives abroad (though this can create complications)
Someone who owes you money

Cannot Be:

Under 18 at the time of your death
Someone who lacks mental capacity

There's no requirement for executors to be UK residents, financially qualified, or unconnected to your estate. However, practical considerations matter.

How Many Executors Should You Have? {#how-many}

The Rules

Minimum: 1 executor
Maximum for probate: 4 executors can apply for probate at once
You can name more: But only 4 can act at any time

Our Recommendation

Name 2 executors, with 1-2 reserves.

Why two?

Share the workload
Cover if one can't act (illness, abroad, dies before you)
Two perspectives on decisions
Requirement for some assets (trusts often need two trustees)

Why not more than two?

More people means more coordination
Disagreements become harder to resolve
Delays waiting for everyone's input

Example Structure

"I appoint my wife SARAH JONES and my brother DAVID SMITH to be executors of this will. If either of them is unable or unwilling to act, I appoint my friend JANE BROWN to act in their place."

Who Makes a Good Executor? {#good-executor}

Ideal Qualities

Trustworthy They'll have control of significant assets. You need someone honest.

Organised They'll deal with paperwork, deadlines, and multiple organisations simultaneously.

Good with finances They'll manage money, pay bills, and keep accounts.

Good communicator They'll update beneficiaries, liaise with professionals, and handle queries.

Diplomatic They may need to manage family tensions or disputes.

Has time available Executor work takes months, not days. Someone extremely busy may struggle.

Likely to outlive you Elderly parents might not be the best choice for young will-makers.

Willing to act An unwilling executor can renounce the role, leaving alternatives to step in.

Red Flags

Think twice about naming someone who:

Is very disorganised with their own finances
Avoids paperwork or difficult conversations
Has poor relationships with beneficiaries
Is much older than you
Lives overseas (creates practical complications)
Is likely to be too emotionally affected to act
Is in financial difficulties (risk of temptation)

Common Executor Choices {#common-choices}

The Most Common Combination

Spouse + one other person (sibling, friend, or adult child)

This gives:

Someone who knows your wishes intimately (spouse)
Someone who can provide support and backup
Coverage if spouse is too affected or predeceases you

Professional Executors {#professional}

You can name a professional executor: typically a solicitor, accountant, or bank.

When Professional Executors Make Sense

Very complex estates
No suitable individuals available
Family conflict is likely
International assets involved
Special needs trusts or complex tax situations
You want to spare family members the burden

The Costs

Professional executors charge fees. Typical structures:

Type	Typical Fee
Solicitor	£150-£350 per hour OR 1-3% of estate value
Bank executor service	2-5% of estate value
Specialist trust company	1.5-3% of estate value

Example: On a £500,000 estate:

2% fee = £10,000
3% fee = £15,000
Plus VAT (20%)
Plus disbursements (valuations, searches, etc.)

Alternatives to Professional Executors

Instead of naming a professional executor, you can:

Name individual executors with a clause allowing them to hire professional help at estate expense
Name a professional as reserve executor only

This gives individuals first opportunity but provides backup.

Common Mistakes to Avoid {#mistakes}

1. Naming Only One Executor

If your sole executor dies, loses capacity, or refuses to act before you, your will needs the court to appoint someone.

Solution: Name at least two executors, with reserves.

2. Not Asking Permission

Naming someone who doesn't know about it - or doesn't want the role - creates problems.

Solution: Have the conversation before finalising your will.

3. Naming Your Bank

Banks often charge the highest fees and provide impersonal service.

Solution: Name individuals or a specific solicitor instead.

4. Naming Someone Too Old

An elderly parent might not outlive you. If they're in their 80s when you're in your 40s, you'll likely need to update.

Solution: Choose age-appropriate executors and review regularly.

5. Naming Someone Who Lives Abroad

While legal, this creates practical difficulties: signing documents, attending meetings, different time zones.

Solution: Prefer UK-based executors or give power to appoint an attorney.

6. Naming Warring Parties

If two executors can't agree, estate administration grinds to a halt.

Solution: Consider who works well together, not just who you trust individually.

7. Forgetting to Update After Changes

Executors die, relationships change, people move abroad.

Solution: Review your will every 3-5 years.

Having the Conversation {#conversation}

Before naming someone as executor, you should ask them.

What to Cover

Explain what's involved - Time, effort, responsibility
Ask if they're willing - It's okay if they say no
Discuss the estate - General overview, not every detail
Mention who else is involved - Other executors, main beneficiaries
Explain where documents are - Will location, key contacts
Ask about their availability - Any reasons they couldn't act?

If They Say No

That's fine. Thank them for their honesty and ask someone else. An unwilling executor can legally refuse the role anyway - better to know now.

Script Starter

"I'm updating my will and I'd like to ask if you'd be willing to be one of my executors. It would mean handling my estate when I die - things like getting probate, collecting assets, paying debts, and distributing to beneficiaries. It's typically 6-12 months of paperwork and admin. I completely understand if that's not something you'd want to take on. What do you think?"

Frequently Asked Questions {#faq}

Key Takeaways

Name 2 executors plus reserves - Don't rely on a single person
Choose people who are trustworthy and organised - The role requires both
Ask before naming - Make sure they're willing
Executors can be beneficiaries - This is normal
Review your choices regularly - People's circumstances change
Consider professional executors only for complex estates - They're expensive

Next Steps {#next-steps}

Last updated: January 2026. This article is for informational purposes only and does not constitute legal advice. Seek professional advice for complex estates.