Executors & Probate , Wills

How do you choose an Executor for your Will?

Originally published: 15 November 2016 | Last updated: 18 September 2025 Your Executor will handle all estate management responsibilities which become effective when you pass away. The process of finding your Will requires you to submit a probate application while you must settle your debts before you distribute your property. Find somebody who meets your […]

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Anonymous

Tim Hewson

September 18, 2025

Originally published: 15 November 2016 | Last updated: 18 September 2025

Your Executor will handle all estate management responsibilities which become effective when you pass away. The process of finding your Will requires you to submit a probate application while you must settle your debts before you distribute your property. Find somebody who meets your trust requirements and demonstrates strong organizational abilities and financial responsibility and shows interest to help out. You should not appoint professional executors (solicitors or banks) unless your estate needs their services because they will take percentage-based fees which could cost your estate thousands of pounds. Always name an alternate Executor.

What does an Executor actually do?

You need to understand all aspects of being an Executor before you select someone for this position. An Executor needs to perform various tasks which include:

The process of Will discovery leads to Probate Registry submissions for Grant of Probate applications.

The process of estate valuation requires you to find every asset together with debt obligations and all financial responsibilities.

The estate must pay off its debts together with all taxes which include inheritance tax and income tax and any remaining unpaid bills.

The estate distribution process follows the directions which exist within the Will document.

The management of ongoing matters requires work to sell property and close accounts and perform asset transfer operations.

The system needs to maintain transaction records which should match with all recorded monetary amounts.

The process requires handling of disputes which emerge when any beneficiary decides to contest the validity of the Will.

The court only needs to grant full probate for certain types of estates. The probate process becomes unnecessary for handling small estates which contain less than £5,000 in value and mostly consist of jointly owned assets. The probate process becomes necessary for most cases when your Executor needs to complete their duties.

What qualities should you look for in an Executor?

You need to answer these questions about each potential Executor:

Quality

Why It Matters

TrustworthyThey will have full access to your financial affairs and authority over your estate.

OrganisedThe process of estate administration requires dealing with documents and time constraints and precise handling of particular details.

Financially capableThey need to manage accounts, pay taxes, and handle financial transactions

Willing to serveAn Executor can decline the role. Always confirm before naming someone

Physically ableConsider their age and health. Will they be capable when the time comes?

The person needs diplomatic skills because they must handle family conflicts and deal with delicate matters.

UK residentAn overseas Executor can serve but it makes the process significantly more complicated

Should you appoint a professional Executor?

Professional executors, solicitors, banks, and trust companies, charge fees that can significantly reduce your estate. Typical charges include:

A percentage of the estate value (typically 1: 4%)

Hourly fees for work done (often £200. £400+ per hour)

Additional charges for disbursements, valuations, and correspondence

On a £500,000 estate, professional executor fees could easily reach £10,000. £20,000 or more. For the vast majority of estates, a trusted family member or friend can handle the role perfectly well, potentially with guidance from a solicitor on specific issues. Reserve professional executors for genuinely complex estates which include business operations and foreign property ownership and complicated family relationships.

Can an Executor also be a beneficiary?

Yes. It is very common for an Executor to also be a beneficiary of the Will. Your spouse together with your adult child can handle Executor duties while receiving the most significant inheritance as the main beneficiary. There is no legal restriction on this. The only rule is that an Executor (or their spouse) should not act as a witness to the signing of the Will.

Should you name more than one Executor?

You can appoint up to four Executors, but one or two is usually sufficient. Key considerations:

One Executor: Simplest option. All decisions are made by one person with no risk of disagreements.

Two Executors: Provides a backup and shared responsibility, but both must agree on decisions.

Alternate Executor: Always name an alternate who takes over if your primary Executor is unable or unwilling to serve.

Frequently Asked Questions

Can an Executor refuse the appointment?

Yes. An Executor is under no obligation to accept the role. They can renounce the appointment by filing a formal renunciation with the Probate Registry. The appointment process requires you to talk with your chosen Executor before you include their name in your Will.

Can I change my Executor?

Yes. You can change your Executor at any time by updating your Will. At LegalWills.co.uk, you can log in, make the change, and print a new Will in minutes. The new Will simply needs to be signed and witnessed.

Does an Executor get paid?

The estate allows an Executor to receive reimbursement for actual costs which include postage and travel expenses but the Executor cannot receive payment unless the Will contains a specific provision for compensation. Professional executors charge fees as outlined above.

What happens if I don’t name an Executor?

The court will assign an administrator to manage your estate when you pass away without selecting an Executor or when your designated Executor becomes unable to perform their duties and you fail to designate a backup. The process of estate administration becomes slower and more expensive because of these requirements.

Can a non-UK resident be an Executor?

Yes, but it complicates the process. The process of appointing an overseas Executor becomes more difficult because they must work with UK financial institutions and need to hire a UK-based solicitor for representation which leads to higher costs.

Tim Hewson

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