Originally published: 20 January 2017 | Last updated: 9 October 2025
TL;DR: Your Executor must handle all estate management duties from beginning to end. The process involves gathering assets together with debt payments and tax obligations before inheritance distribution takes place. Select someone who shows trustworthiness and keeps things organized and who supports this cause. A family member should become the Executor but you must avoid making your spouse the only Executor when you have a complex estate. Never appoint a professional executor unless genuinely necessary. They charge 1: 4% of the estate value plus hourly fees. Your Will needs an alternate Executor who should receive appointment before this designation appears in your document.
What does an Executor do?
An Executor has a comprehensive set of responsibilities:
Locate the Will and determine if probate is required
Apply for a Grant of Probate from the Probate Registry (if needed)
Identify and collect all assets: bank accounts, property, investments, personal possessions, digital assets
Value the estate for inheritance tax purposes
Pay all debts: mortgages, loans, credit cards, and outstanding bills
Pay inheritance tax and file necessary returns with HMRC
The estate distribution process follows the Will instructions which specify how to give assets to beneficiaries.
Close accounts and handle administrative matters (including digital accounts)
Keep detailed records of all transactions and decisions
The process of estate administration requires between six and twelve months to complete simple estates but takes much longer for complicated cases. Your Executor needs to be someone who can commit the time and effort required.
Should you choose a family member as Executor?
A trusted family member is usually the best choice. They understand your family dynamics, are motivated to act in the family’s interests, and will not charge professional fees. The situation requires you to assess multiple elements which extend beyond these two choices.
Your spouse: A Common choice but your spouse probably won’t manage inheritance duties because they face emotional distress from their primary beneficiary status. Consider a spouse plus a co-Executor.
An adult child: Good choice if they are responsible and financially capable. The system creates sibling conflicts because brothers and sisters would experience exclusion together with someone who stands above them in authority.
A sibling or trusted friend: Can provide objectivity, especially if there are complex family dynamics or potential disputes.
Should you choose a friend as Executor?
A close, trusted friend can be an excellent Executor, particularly if:
They have better organizational abilities than your family members and they understand financial matters more deeply.
Your family situation is complicated because you have blended families and you need to deal with estranged relatives.
They bring objectivity that a family member may lack
They are willing and have confirmed their acceptance
Friendships will develop new patterns across time. Review your Executor appointment regularly and ensure your chosen friend is still the right person for the role.
Why should you avoid professional Executors?
Professional executors, solicitors, banks, and trust companies, should be a last resort. The reasons:
Excessive fees: Professional executors typically charge 1: 4% of the estate value plus hourly rates of £200. £400+. On a £400,000 estate, fees could reach £8,000. £16,000.
Conflict of interest: Some solicitors who prepare Wills will suggest appointing themselves as Executor. Research has shown that 35% of people who appointed their Will writer as Executor had this suggested to them by the Will writer.
No personal connection: A professional executor does not know your family, your wishes beyond the legal document, or the personal context behind your decisions.
Slow administration: Professional executors often prioritise billable work, and estates can take longer to administer when fees are charged by the hour.
The only situations where a professional Executor may be justified are: extremely complex estates involving businesses, overseas assets, or trusts; situations where no suitable individual is available; or estates where family conflict makes an independent administrator essential.
How many Executors should you appoint?
You can appoint between 1 and 4 Executors. Our recommendations:
Number
Best For
Considerations
1 ExecutorSimple estates, clear distributionEfficient decisions, no disagreements. Risk: no backup if they cannot serve.
2 ExecutorsModerate estates, blended familiesShared responsibility and accountability. Must agree on all decisions.
1 + AlternateMost situationsBest of both worlds: efficient primary Executor with a named backup.
You must appoint an alternate Executor to serve as a backup. Your alternate Executor will take over if your first Executor dies before you or becomes unable to perform their duties or chooses not to serve.
Key steps before appointing an Executor
You must talk to your selected person about their appointment before you decide to name them as your Executor. An Executor who learns of their appointment only after your death may decline.
Explain the responsibilities: Make sure they understand what is involved.
Provide access to information: Tell them where your Will is stored and consider using a service like MyLifeLocker to document your assets.
Review regularly: Circumstances change. Review your Executor appointment every few years or after major life events.
At LegalWills.co.uk, naming your Executor is a simple step in the Will creation process. You can update the appointment at any time during your subscription.
Frequently Asked Questions
Can an Executor be a beneficiary of the Will?
Yes. It is very common for an Executor to also be a beneficiary. The only restriction is that they (and their spouse) should not witness the signing of the Will.
What happens if an Executor dies before me?
Your named Executor will take control of your estate when you pass away but your alternate Executor will assume control if your first choice dies before you do. The court must select an administrator because the will does not state who should take this position. The process becomes more expensive and it takes longer to complete.
Can an Executor refuse to act?
Yes. An Executor can formally renounce the role by filing a renunciation with the Probate Registry, provided they have not already started administering the estate.
Is the Executor personally liable for mistakes?
Yes. An Executor must follow fiduciary responsibilities to beneficiaries and they face personal responsibility when they fail to protect assets or do not follow the instructions in the Will.
Can I remove an Executor after writing my Will?
Yes. Simply update your Will to name a different Executor. At LegalWills.co.uk, this takes minutes. The new Will, once signed and witnessed, supersedes the previous one.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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