Originally published: 22 November 2021 | Last updated: 19 March 2026
TL;DR: Duties of an Executor
An Executor is the person named in a Will to administer the deceased’s estate. The executor must perform three main tasks which involve finding the Will, obtaining probate authorization, and assessing all estate properties before they can settle debts and inheritance taxes and distribute assets to all beneficiaries. The process typically takes 12-24 months. The executor must learn all duties before deciding to become an executor because they need to understand their personal liability for errors.
What Are the Duties of an Executor of a Will?
The position of Executor stands as a trust-based appointment which brings with it many essential duties to perform. The estate administration process takes between one and two years to complete for complex estates which people must handle while dealing with their emotional pain from losing a loved one and family disagreements about inheritance distribution. The financial responsibility for mistakes has become more severe because beneficiaries and courts now demand better performance from executors.
What Is the First Thing an Executor Must Do?
The Executor must start their work immediately after someone passes away.
Locate the original Will: Check the deceased’s home, solicitor’s office, bank safe deposit box, or Will storage service
The Executor must take responsibility for protecting all property which belongs to the deceased. The property needs to stay locked while all valuable items must get protected and insurance coverage should continue.
Register the death: This must be done within 5 days in England and Wales
The funeral needs to be organized according to any specific directions which the Deceased included in their Will or letter of wishes.
Notify relevant parties: Banks, insurers, utility companies, HMRC, DWP, and the deceased’s employer
How Does an Executor Apply for Probate?
The Executor needs to obtain a Grant of Probate from the Probate Registry before they can begin asset distribution. The legal document verifies the Executor has authority to manage estate assets. The process involves:
Value all assets: Property, bank accounts, investments, personal possessions, digital assets
Calculate liabilities: Mortgages, loans, credit cards, outstanding bills
Complete Inheritance Tax forms: Even if no tax is due, HMRC forms must be submitted
Submit the probate application: Online via the GOV.UK service or by post
Swear an oath: Confirming the information provided is true
The probate application fee stands at £273 for estates which have a value that exceeds £5,000. There is no fee for estates below this threshold.
What Are the Executor’s Financial Responsibilities?
The Executor needs to manage all estate financial matters through complete attention to detail:
How Is Inheritance Tax Calculated?
The government imposes a 40% tax on all estate values which exceed the established nil-rate band threshold. Key thresholds for the 2025-26 tax year:
Threshold
Amount
Conditions
Standard nil-rate band
325,000
Applies to all estates
Residence nil-rate band
175,000
Home passed to direct descendants
Combined maximum
500,000
If home passes to children/grandchildren
Spouse/civil partner exemption
Unlimited
Everything left to spouse is exempt
Inheritance Tax must be paid within 6 months of the date of death. The Executor is personally responsible for ensuring this deadline is met. Late payment incurs interest charges.
What Expenses Can an Executor Claim?
The estate administration expenses need to get paid through the assets which belong to the deceased person. These include:
Funeral expenses
Probate application fees
Professional valuation fees (property, antiques, jewellery)
Solicitor and accountant fees
Insurance premiums for property during administration
Postage and travel costs related to estate administration
Keep careful records and obtain receipts for all expenses. If any expenses are payable to you or a related person, consult a solicitor about proper documentation to avoid conflicts of interest.
How Does an Executor Distribute the Estate?
The Executor must distribute the estate according to the Will after probate receives approval and all outstanding debts and taxes have been settled. The distribution process follows a specific order:
Specific bequests: Named items or sums of money left to specific people or charities
Residuary estate: Everything remaining after specific bequests, debts, taxes, and expenses
The Executor needs to publish a statutory notice in The Gazette together with a local newspaper before distribution because creditors and potential claimants have two months to present themselves. The Executor receives protection from personal financial responsibility when they discover new debts.
Can an Executor Be Held Personally Liable?
Yes. An Executor can be held personally liable for:
Distributing assets before all debts are paid
Failing to place statutory notices for creditors
Missing the Inheritance Tax payment deadline
Mismanaging estate assets or investments
Distributing to the wrong beneficiaries
Failing to account for claims under the Inheritance (Provision for Family and Dependants) Act 1975
You need to select a trustworthy Executor because they will handle all personal financial responsibilities. The person you appoint should be organised, trustworthy, and willing to seek professional help when needed.
Can You Refuse to Be an Executor?
Yes. People who get chosen as Executors in a Will document do not have to accept their position. You can:
Renounce: Formally decline the role before taking any action on the estate
Have power reserved: Step aside temporarily while another Executor acts, retaining the right to get involved later
Appoint a professional: Hire a solicitor or professional Executor service to handle the administration on your behalf (paid from the estate)
Tips for Executors: How to Make the Process Easier
Start a file: Create a dedicated folder for all estate paperwork, correspondence, and receipts
Notify the Tell Us Once service: This government service notifies multiple departments of the death in a single step
Open an executor’s bank account: Keep estate finances separate from your personal finances
Seek professional help early: For complex estates, engage a solicitor or probate specialist from the start
Communicate with beneficiaries: Keep them informed of progress to manage expectations and reduce conflict
Do not rush distributions: Wait until all debts, taxes, and potential claims are resolved
Frequently Asked Questions
How long does it take to administer an estate?
Simple estates can be administered in 6-9 months. Complex estates which involve property sales and tax disputes and beneficiary disagreements need between 18 and 24 months to complete their process. The probate application process requires 8-12 weeks to complete.
Does an Executor get paid?
The law of England and Wales does not grant lay Executors who are family members or friends any right to receive compensation for their work. The Will might contain a charging clause which would enable the Executor to collect fees. Professional Executors (solicitors or trust companies) typically charge 1-5% of the estate value plus hourly fees.
Can there be more than one Executor?
Yes. You can appoint up to four Executors in your Will. Multiple Executors must act jointly: all must agree on decisions. The system creates checks and balances through its design but it becomes slow when Executors cannot reach agreement on decisions. For more guidance, see our article on appointing an Executor.
What if no Executor is named in the Will?
The court follows a statutory order of priority when it needs to appoint an administrator to manage an estate which lacks a named Executor or when the appointed Executor has passed away or given up their position. This person performs essentially the same role but applies for a Grant of Letters of Administration rather than a Grant of Probate.
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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