You're an Executor: What Do You Actually Have to Do?

Being named as an executor is a responsibility, but it doesn't have to be overwhelming. Millions of people successfully administer estates each year, most without professional help. This guide walks you through exactly what's involved, what your legal obligations are, and when you might need support.

The good news: you don't have to accept the role. You can renounce executorship before taking any action. But if you decide to proceed, you'll be helping ensure someone's final wishes are carried out properly.

What Is an Executor?
Your Core Duties
Step-by-Step Timeline
Legal Obligations and Liabilities
Working With Co-Executors
Getting Paid
When to Get Professional Help
FAQ
Next Steps

What Is an Executor? {#what-is-executor}

An executor is the person named in a will to carry out the deceased person's wishes and administer their estate. The role comes with legal authority and legal responsibility.

Your Authority

As executor, you have the power to:

Access the deceased's financial information
Collect their assets (bank accounts, property, investments)
Sell property and possessions
Pay debts and expenses
Distribute inheritance to beneficiaries

Your Responsibility

You're legally obligated to:

Follow the instructions in the will
Act in the beneficiaries' best interests
Keep accurate records
Pay debts before distributing inheritance
Account for your actions if challenged

Can You Say No?

Yes. You can renounce executorship by completing a formal renunciation before you start acting on the estate. Once you've started (applying for probate, dealing with banks, etc.), you've "intermeddled" and can't easily step back.

Reasons people decline:

The relationship with the deceased or beneficiaries has changed
They don't have time
The estate is complex and they feel out of their depth
There are likely to be disputes

Your Core Duties {#core-duties}

Here's everything you're responsible for, broken down into manageable categories.

1. Locate and Protect Assets

You need to identify everything the deceased owned:

Financial assets:

Bank accounts
Savings accounts
ISAs and investments
Premium bonds
Pensions (some have death benefits)
Life insurance policies
Shares and securities

Property:

Main residence
Other properties
Land
Overseas property

Personal possessions:

Vehicles
Valuables (jewellery, art, antiques)
Household contents

Digital assets:

Cryptocurrency
Online accounts with value
Digital photos and files (for family)

2. Value the Estate

You need valuations as at the date of death for:

Property (estate agent or surveyor valuation)
Shares (stock market price on date of death)
Bank accounts (banks provide statements)
Personal possessions (estimate, unless valuable)

Why it matters:

Determines if probate is needed
Needed for inheritance tax calculations
Beneficiaries may want to know

3. Apply for Probate

Unless the estate is very small or all assets are jointly held, you'll need to apply for a Grant of Probate to access the assets.

What's involved:

Completing probate application form
Submitting the original will
Paying any inheritance tax due
Paying the £300 application fee (free if estate under £5,000)
Waiting 4-8 weeks for the grant

4. Collect Assets

Once you have the grant, you can:

Close bank accounts
Redeem investments
Claim life insurance
Sell property (if needed)

Practical tip: Order multiple copies of the grant (£1.50 each). You'll send them to different institutions simultaneously to speed up the process.

5. Pay Debts and Expenses

Pay these in this order:

Secured debts (mortgage - usually paid from property sale)
Funeral expenses
Estate administration costs (probate fees, professional fees)
Unsecured debts (credit cards, loans, utility bills)
Taxes (income tax, inheritance tax)

Critical rule: Pay all known debts before distributing to beneficiaries. If you distribute and then a creditor appears, you're personally liable.

6. Distribute the Estate

Once debts are cleared:

Prepare estate accounts (list of assets, debts, distributions)
Distribute specific gifts (items named in the will)
Distribute residuary estate (what's left after specific gifts)
Get receipts from beneficiaries

Step-by-Step Timeline {#timeline}

Here's a realistic timeline for administering a straightforward estate.

Factors That Extend the Timeline

Factor	Additional Time
Property sale needed	3-6 months
Inheritance tax complications	2-4 months
Missing beneficiaries	Varies greatly
Contested will	6 months - 2+ years
Overseas assets	3-12 months
Business assets	3-6 months

Legal Obligations and Liabilities {#liabilities}

As executor, you're personally liable for certain mistakes. Here's what you need to know.

What You're Liable For

Distributing too early: If you give money to beneficiaries before all debts are paid, and a creditor then comes forward, you're personally liable to pay them from your own pocket.

Not following the will: You must distribute according to the will. If you give more or less to certain beneficiaries, they (or others) can take legal action against you.

Mismanaging assets: If you sell assets for significantly below market value or make poor investment decisions during administration, you could be liable for the loss.

Missing tax: If you fail to pay all taxes due (income tax, inheritance tax, capital gains tax on property sales), HMRC can pursue you personally.

Protecting Yourself

Section 27 Notice:

Place a notice in The Gazette and a local newspaper. This:

Gives unknown creditors 2 months to come forward
Protects you from claims by creditors you couldn't have known about
Costs around £100-150

Keep Detailed Records:

Document everything:

All assets found
Valuations obtained
Debts paid
Decisions made and why
Distribution to beneficiaries

Get Receipts:

When distributing, get beneficiaries to sign a receipt confirming what they received. This protects you from later claims that they didn't receive their full entitlement.

Take Your Time:

There's no legal deadline to complete estate administration. It's better to be thorough than fast. Most estates take 6-12 months; complex ones take longer.

Working With Co-Executors {#co-executors}

Many wills name multiple executors. Here's how that works.

Joint Decisions

Legally, all executors must agree on actions. In practice:

One executor often takes the lead on day-to-day tasks
Major decisions (selling property, resolving disputes) need all executors
Banks and institutions may require all executors' signatures

Power Reserved

If there are multiple executors but some don't want to act:

They can "have power reserved" - step back now but retain the right to join later
The remaining executors can proceed
This is different from renouncing entirely

Disagreements

If executors disagree:

Try to resolve through discussion
Consider mediation
Ultimately, the court can remove an executor or direct action
Disputes between executors can significantly delay the estate

Practical Division of Labour

Common approaches:

One executor handles paperwork, another handles property
Each executor deals with specific institutions
One executor leads, others approve decisions

Communication is key. Keep all executors informed, even if one is doing most of the work.

Getting Paid {#getting-paid}

Expenses

You can claim reasonable expenses from the estate, including:

Travel costs to meetings, property, etc.
Postage and phone calls
Parking fees
Valuation costs you've paid personally

Keep receipts for everything.

Executor's Fee

In the UK, unless the will specifically provides for executor payment, you're generally not entitled to charge for your time as a private executor.

Exceptions:

Professional executors (solicitors) charge fees
The will may specify payment
All beneficiaries can agree to pay you (but can't be forced to)

What Professionals Charge

If you decide to hand off to professionals:

When to Get Professional Help {#professional-help}

You Can Probably Handle It Yourself If:

The estate is straightforward (bank accounts, one property, clear beneficiaries)
No inheritance tax is due
There are no disputes between beneficiaries
You have time and organisational ability
The will is clear and unambiguous

Consider Professional Help If:

Inheritance tax is due (complex calculations)
There's property to sell (especially if overseas)
There are business assets
Beneficiaries are likely to dispute
You're unsure about your obligations
The estate is large or complex
There might be claims against the estate

The Hybrid Approach

Many executors:

Do the basic administration themselves
Get a solicitor to review their work before distribution
Ask for help on specific issues (tax, property)

This keeps costs down while providing professional backup.

Common Executor Mistakes

1. Rushing to Distribute

The mistake: Handing out inheritance before all debts are paid. The consequence: Personal liability if a creditor appears. The solution: Wait, place a Section 27 notice, allow time for claims.

2. Not Valuing Properly

The mistake: Using rough estimates for valuations. The consequence: HMRC challenges, disputes with beneficiaries. The solution: Get formal valuations for property and valuable items.

3. Forgetting About Tax

The mistake: Not filing a final income tax return or missing CGT on property sales. The consequence: HMRC penalties and interest, personal liability. The solution: Check all tax obligations before distributing.

4. Poor Record Keeping

The mistake: Not documenting decisions and transactions. The consequence: Unable to defend against challenges. The solution: Keep detailed records for at least 12 years.

5. Ignoring Beneficiaries

The mistake: Not keeping beneficiaries informed of progress. The consequence: Complaints, legal challenges, strained relationships. The solution: Regular updates, even if just "still working on it."

Frequently Asked Questions {#frequently-asked-questions}

Key Takeaways

You can decline: Renounce before taking any action if you don't want the responsibility
Be thorough, not fast: Personal liability means you should pay all debts before distributing
Document everything: Keep records for at least 12 years
Section 27 notice: Protects you from unknown creditors
Expenses are covered: You can claim reasonable costs from the estate
Help is available: Use professionals for complex issues, even if you handle the basics yourself

Next Steps {#next-steps}

Last updated: January 2026. This guide is for informational purposes only and does not constitute legal advice. If you're unsure about your duties as executor, seek professional advice.