Executor of a will: duties and responsibilities

Being named as the executor of someone’s will is a mark of trust. The person who wrote the will believed you were the right person to carry out their final wishes. But alongside that honour comes a significant legal responsibility — one that can last months, sometimes longer, and that carries real personal liability if things go wrong.

This guide explains what an executor is, what your duties are, whether you can refuse the role, and when it makes sense to bring in a solicitor. Whether you’ve just found out you’ve been named, or you’re trying to understand the role before agreeing to it, you’ll find everything you need here. If you are writing a will and deciding who to appoint, our guide on how to write a will covers choosing an executor and more.

What is an executor?

An executor is the person appointed in a will to administer the deceased’s estate — their money, property, and possessions — and to carry out the instructions set out in the will. The role is created at the moment the will is signed and takes effect on the death of the person who made it.

The legal authority for executors in England and Wales comes primarily from the Administration of Estates Act 1925. The Act sets out the powers, duties, and order of priority for personal representatives (the umbrella term for both executors and administrators).

Anyone aged 18 or over can be an executor. There is no requirement to be a lawyer or financial professional. You can also be both an executor and a beneficiary at the same time — many wills name a spouse or adult child in both roles. Equally, being named as executor does not automatically mean you inherit anything; that depends on what the will says separately.

A will can name up to four executors, though most name one or two. Where several are named, up to four can act simultaneously on the probate application.

Your duties as executor

The administration of an estate follows a broadly sequential process. Each step builds on the last, and some tasks must be completed before others can begin.

1. Register the death and obtain death certificates

Before anything else can happen, the death must be registered. In England and Wales, registration must take place within five days with the local register office. You will need several certified copies of the death certificate — banks, pension providers, HMRC, and the Land Registry will each require one. Order at least ten copies at the point of registration; obtaining further copies later is slower and more expensive.

2. Locate the original will and notify beneficiaries

You will need the original, signed will — not a photocopy. It may be held at home, with a solicitor, at a bank, or stored with the Probate Service. If you cannot locate it, our guide on how to find a will covers the Probate Registry standing search, the National Will Register, and other formal routes. Once you have it, make copies for yourself, any co-executors, and all beneficiaries. Notify beneficiaries that they have been named in the will.

3. Arrange the funeral

Executors have legal responsibility for the funeral arrangements, though in practice this is almost always handled by the family. Funeral costs are paid from the estate and take priority over other debts, so keep all receipts.

4. Value the estate

You must produce an accurate valuation of everything the deceased owned at the date of death — property, bank accounts, investments, pensions, vehicles, personal possessions — minus any outstanding debts such as mortgages, loans, and credit card balances. Contact every financial institution individually and ask for the balance as at the date of death. For property, an estate agent’s written market appraisal is usually sufficient unless the estate is complex or HMRC is likely to challenge the figure. Full guidance is available on gov.uk — Valuing the estate of someone who died.

5. Apply for probate (if required)

Once you have valued the estate and completed the inheritance tax forms (if applicable), you can apply for a grant of probate. This is the legal document that gives you authority to access and distribute the estate. Most assets above modest thresholds cannot be released without it. Our step-by-step guide to applying for probate covers the full application process, forms, and fees.

6. Deal with inheritance tax

If the estate’s net value exceeds the inheritance tax threshold (currently £325,000 — the nil-rate band — or more if the residence nil-rate band or spousal exemptions apply), inheritance tax is due. The deadline for payment is six months from the end of the month in which the person died. You must complete and submit the relevant IHT forms to HMRC before probate can be granted. See our guide to the nil-rate band and how thresholds work, HMRC inheritance tax guidance, and our inheritance tax overview for more detail.

7. Settle debts and notify creditors

Before distributing anything to beneficiaries, you must pay all outstanding debts. To protect yourself from unknown creditors, place a deceased estates notice in The Gazette (the official UK public record) and a local newspaper. This starts a two-month-and-one-day window during which creditors can come forward. After that period, you are protected from claims you could not reasonably have known about — provided you made a reasonable search.

8. Distribute the estate to beneficiaries

Once debts, taxes, and expenses have been paid, you distribute what remains to the beneficiaries in accordance with the will. Specific gifts (a named item, a fixed sum) are dealt with first; the residue (what’s left) passes to the residuary beneficiaries.

9. Keep full accounts

Throughout the administration, you must keep a detailed record of every transaction — every asset collected, every debt paid, every distribution made. At the end, produce a set of estate accounts for the beneficiaries showing how the estate was valued and how it was dealt with. This protects you as executor and provides transparency to the people who have inherited.

Can you refuse to be an executor?

Yes. No one can be forced to act as an executor. If you do not want to take on the role, you have two options:

Renunciation is the formal process of permanently giving up your right to act. You complete Form PA15 (available from gov.uk) and submit it to the Probate Registry. Once you have renounced, you cannot change your mind and re-engage with the estate later.

Power reserved is a softer option if multiple executors are named. You step back from the current application while keeping the right to step in later if needed — for example, if the lead executor becomes unable to continue. This is done by notifying the lead applicant in writing rather than filing any formal form.

There is one important limitation: if you have already started acting as executor — opening correspondence with banks, accessing accounts, or taking control of assets — you may have “intermeddled” in the estate. At that point, renunciation is no longer available. The courts have found that intermeddling, even inadvertently, can bind you to the role. If you have any doubts, take legal advice before taking any action.

Are you personally liable?

Yes, and this is the part of the role that catches people out. As executor, you take on personal legal liability for the proper administration of the estate. If you make a mistake, you can be held personally responsible.

The legal concept covering executor liability is devastavit — Latin for “he has wasted” — which describes the misapplication or squandering of estate assets. Examples that have given rise to devastavit claims include:

• Selling estate property for less than its market value
• Paying the wrong debts or paying them in the wrong order
• Distributing assets to beneficiaries before settling all debts and taxes
• Failing to collect all estate assets
• Investing estate funds inappropriately

If a creditor comes forward after you have already distributed the estate, and you did not place a deceased estates notice in The Gazette, you may have to pay that creditor from your own pocket (The Gazette — creditor notices guidance).

The Administration of Estates Act 1925 (section 25) sets out your core statutory duties as personal representative. Beneficiaries can bring a devastavit claim against you for up to 12 years after the date of the breach; creditors have up to six years.

For complex estates — those with significant inheritance tax, business assets, overseas property, or any dispute about the will — executor insurance is worth considering, and taking professional advice before making key decisions can protect you from personal exposure. If a beneficiary or family member is considering challenging the will, our guide on contesting a will explains the legal grounds, time limits, and process.

How long does an executor have?

There is no hard deadline for completing estate administration, but there is an important protection known as the executor’s year.

Under section 44 of the Administration of Estates Act 1925, beneficiaries cannot compel an executor to distribute the estate within the first 12 months from the date of death. This gives executors time to locate assets, settle debts, pay tax, and deal with any complications before distribution — without being pressured by beneficiaries who want their inheritance quickly.

This does not mean you must wait 12 months. Many straightforward estates are administered and distributed within six to nine months. The executor’s year is a protection, not a requirement. Once the year has passed, beneficiaries can begin to press for distribution, and if there is unreasonable delay, they may apply to the court.

In practice, the limiting factor is usually the probate timeline rather than the executor’s willingness to act. For current estimates of how long probate takes, see our guide to probate timelines.

Can an executor be paid?

A lay executor — a family member or friend acting without professional expertise — has no automatic right to payment for their time. Unless the will contains a specific charging clause authorising payment, a lay executor is expected to administer the estate for free. They can, however, recover reasonable out-of-pocket expenses from the estate: travel costs, phone calls, postage, probate application fees.

A professional executor — a solicitor, bank, or trust company — can charge for their time, but only if the will contains a charging clause authorising this. Sections 28 and 29 of the Trustee Act 2000 govern the circumstances in which professional executors can charge fees. In the absence of a charging clause, a professional named as executor has very limited grounds to recover fees.

If you are a professional who has been named as executor without a charging clause, take advice before assuming you can recover costs.

What if there are multiple executors?

When two or more executors are named, they must act jointly. Major decisions — selling property, settling debts, distributing assets — require agreement between all acting executors. No single executor can unilaterally bind the estate on significant matters.

Up to four executors can be named on the probate application. If the will names more than four, the others can apply later if the acting executors cannot continue. Where not all named executors wish to apply immediately, those stepping back can have “power reserved” — preserving their right to act later without formally renouncing.

If executors disagree on how to administer the estate, the situation can become complex and, in serious cases, may require a court application. Where there is genuine risk of conflict, professional advice at the outset is worthwhile.

One executor can also formally appoint another person to apply for probate on their behalf using Form PA11 (available from gov.uk).

Lay executor vs professional executor

When should you use a solicitor?

The law does not require you to use a solicitor to administer an estate. For a straightforward estate — a modest amount of assets, a clear will, no inheritance tax, and no disputes — a lay executor can handle everything without professional help.

That said, certain situations make professional involvement sensible:

• Inheritance tax is due — IHT returns are detailed documents with long-term consequences if filed incorrectly
• The estate includes a business — business relief calculations are complex and mistakes are costly
• Property is held overseas — different legal systems mean you may need local advice in multiple countries
• The will is being challenged — if someone intends to contest the will or make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, do not proceed without advice
• There is no will — where someone dies intestate, an administrator rather than an executor is appointed; see our guide to intestacy rules for how this works
• You feel overwhelmed — administering an estate takes time, paperwork, and persistence. There is no shame in getting help

A solicitor can take on the full administration or advise on specific steps only. Make sure any professional you instruct quotes fees clearly upfront — and check whether the will itself contains a charging clause if a professional executor is already named.

Key sources

• Administration of Estates Act 1925 — the primary legislation governing executors in England and Wales
• Trustee Act 2000 — sections 28–29 on professional charging
• gov.uk — Applying for probate — official guidance including Form PA15 (renunciation) and Form PA11 (power of attorney)
• gov.uk — Valuing the estate of someone who died
• HMRC — Inheritance Tax
• The Gazette — placing a deceased estates notice

This guide covers the law in England and Wales. The rules in Scotland and Northern Ireland differ. This guide is for information only and does not constitute legal advice. For complex estates, speak to a solicitor.