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Written by Mitch Tapner.
12 minute read
An executor is the person named in a will who is legally responsible for managing the estate of someone who has died, from securing their assets and paying any debts to distributing what remains to the beneficiaries.
Being chosen as an executor often reflects a deep level of trust. If you are thinking about how to choose an executor, it is important to select someone who feels able to take on both the practical and emotional responsibilities involved.
This guide explains the duties of an executor of a will in the UK, including each step of the process, the legal responsibilities involved, and what to do if you feel unsure about taking on the role. It also covers how probate works, what the Grant of Probate means, and how HMRC and the Probate Registry are involved.
Key takeaways:
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An executor is the person responsible for carrying out the instructions set out in a valid will and administering the estate of the person who has died.
They are chosen by the person who made the will, known as the testator. Their authority is confirmed by the court through a Grant of Probate, which allows them to act on behalf of the estate. Probate is the legal process that gives executors the right to manage the estate, including accessing assets, paying debts, and distributing what remains.
In many cases, the executor is a spouse, adult child, close friend, or sometimes a solicitor. Anyone over 18 can be named, and up to four people can act together.
If someone dies without a will, or the named executor cannot act, the court appoints an administrator instead. An administrator’s responsibilities are similar to those of an executor; however, the legal process is slightly different.
The duties of an executor of a will in the UK usually follow a clear sequence, starting soon after the person has died and continuing until the estate is fully settled.
Understanding these steps can also be helpful when thinking about end-of-life planning, as it gives a clearer picture of what your chosen executor may need to handle.
The first step is to find the most recent version of the will. In many cases, this leads to questions about reading the will after a funeral. While there is no formal requirement to wait, it is common for the will to be shared once immediate arrangements have been made and those closest have had some time.
You will need to confirm that you are named as executor. If others are named, decisions should be made together.
Keep the original document safe, as it will be needed when applying for probate.
The death must be registered at a local registry office. In England and Wales, this should be done within five days. In Scotland, the time limit is eight days.
A family member often takes care of this. In many cases, this may also be the executor, although the executor may need to step in if someone else is unable to do it.
The executor has the legal right to arrange the funeral, unless the will states otherwise.
A common question at this stage is who is responsible for funeral costs. These are usually paid from the estate, and many banks will release funds for this before probate is granted.
It can help to check whether a prepaid funeral plan is in place. If so, many of the arrangements and costs may already be handled. If so, many of the arrangements and costs may already be handled, although what is covered will depend on the plan chosen and provider terms.
If you need to arrange a funeral yourself, a direct cremation can be a simpler and more affordable option. Aura offers a service where everything is taken care of, from bringing the person into care to returning their ashes, without added extras or pressure.
You will need to inform organisations such as banks, pension providers, utility companies, HMRC, and the Department for Work and Pensions. The Tell Us Once service can make this easier by notifying several government departments at the same time.
This step helps prevent overpayments and ensures accounts are handled appropriately.
The executor must identify and value all assets and debts. This can sometimes involve finding lost assets, such as old bank accounts, pensions, or investments that may not be immediately obvious.
Assets may include property, savings, investments, life insurance, and personal belongings. Debts can include mortgages, loans, and household bills.
Some items, such as property or jewellery, may need a professional valuation.
Inheritance tax may apply if the estate exceeds the threshold. The standard threshold is £325,000, which can rise to £500,000 if the main home is left to direct descendants.
You will need to report the value of the estate to HMRC. If tax is due, some or all of it may need to be paid before probate is granted.
Different forms are used depending on the estate, including IHT400 or simpler alternatives.
The Grant of Probate is a legal document that confirms your authority to manage the estate.
You can apply through the Probate Registry, either online or by post. In Scotland, this process is known as Confirmation.
It can take several weeks to receive the grant, and sometimes longer.
Placing a notice in The Gazette (the UK’s official public record) helps protect you from unknown debts. Creditors have two months and one day to come forward.
This step is optional, but it can reduce the risk of personal liability later.
Once probate is granted, you can access funds, close accounts, and sell property if needed.
All debts must be paid before any money is shared. There is a legal order to follow, and it is important to get this right.
If the debts are greater than the assets, the estate is considered insolvent. In this situation, it is wise to seek legal advice.
After all debts and taxes have been settled, the remaining estate can be distributed according to the will. It is good practice to prepare clear estate accounts showing what has been received and paid out.
Beneficiaries are often asked to approve these before final payments are made. Keeping careful records can help avoid misunderstandings later on.
An executor has what is known as a fiduciary duty. This means acting in the best interests of the estate and its beneficiaries at all times. Even if you are also the next of kin, you must still follow the legal responsibilities set out in the will and by law.
You must not benefit personally from the role unless the will allows it. The instructions in the will should be followed carefully, and assets should be managed responsibly.
Mistakes can sometimes lead to personal liability. For example, paying the wrong debt first or distributing funds too early could mean covering the loss yourself.
The law expects reasonable care and skill, even if you are not a professional.
There are also specific situations to be aware of. For example, if a beneficiary is bankrupt, their inheritance must be paid to their trustee in bankruptcy, not directly to them.
There is a general guideline known as the executor’s year. This suggests that an estate should be settled within 12 months of the person’s death.
However, this is not a strict deadline. Some estates take longer, especially if the property needs to be sold or if complications arise.
If certain gifts have not been paid within a year, beneficiaries may be entitled to interest.
Yes, you are not required to accept the role. If you decide not to act, you can step down formally through a process called renunciation.
This must be done before you start dealing with the estate. Once you have begun, it can be more difficult to step away.
Executors can claim reasonable expenses, such as travel, postage, and legal costs. Family members and friends usually do not receive payment for their time unless the will specifically allows for it.
Professional executors, such as solicitors, do charge fees. These are often based on the value of the estate or the time involved.
An executor manages the estate after someone has died. A trustee manages assets held in a trust, sometimes over many years.
The same person can take on both roles, but they involve different responsibilities.
Arranging the funeral is often one of the first and most emotional responsibilities an executor takes on.
The executor has the final say, although they will usually follow any wishes left in the will.
If no wishes are recorded, decisions need to be made about the type of service, the cost, and the timing.
Funeral costs in the UK can be significant, often exceeding £5,000. This can feel overwhelming at an already difficult time.
A direct cremation offers a simpler alternative, usually at a lower cost. It removes many of the decisions involved in planning a traditional funeral.
If you have been named as an executor and need support arranging a funeral, Aura can help. Their direct cremation service is simple and respectful, taking care of everything from bringing the person into care to returning their ashes, with no hidden fees.
If an executor does not carry out their responsibilities properly, beneficiaries can take legal action. In some cases, the court may remove the executor and appoint someone else.
If there has been financial loss due to poor handling, the executor may be held personally responsible. This can include situations where the executor has acted dishonestly or has not followed the will.
The duties of an executor can be wide-ranging. Even a straightforward estate can involve paperwork, legal steps, and financial decisions that take time and care. Planning ahead can make a real difference.
One way to ease the burden is by putting a funeral plan in place. This can remove both the cost and the need for difficult decisions later on.
Aura offers prepaid funeral plans that can help you arrange and pay for key funeral services in advance. Terms and conditions apply. You will receive a funeral plan summary before purchase, including what is and is not included, cancellation rights, payment terms and any additional costs that may apply.
If you would like to explore your options, you can call 0800 808 5723 or visit the Aura website. There is no pressure, just clear and supportive guidance when you need it.
Taking a small step now can help make things a little easier for the people you care about.
Yes. Most executors are family members. They can also be beneficiaries, but they cannot witness the will.
They can collect assets, pay debts, and distribute the estate, although many actions require probate first.
Usually not, unless the will allows it. Reasonable expenses can still be claimed.
The process is similar, but probate is known as Confirmation and is handled through the Sheriff Court.
Yes. Mistakes in managing the estate can lead to personal financial responsibility.
The estate is managed under intestacy rules, and an administrator is appointed instead.
Yes. Up to four people can act together in England and Wales.