Finding out you’ve been named executor of a will is often unexpected. It arrives in the middle of grief, with no handbook and a list of tasks that can seem overwhelming. This guide explains what the role involves, what you are legally required to do, and what happens at each stage — so you can face it with a clear picture of what lies ahead.
Everything here applies to England and Wales. Scotland and Northern Ireland operate under different rules.
What is an executor of a will?
An executor is the person appointed in a will to administer the deceased’s estate. Your job is to locate the assets, pay the debts and taxes, and distribute what remains to the beneficiaries according to the will’s instructions.
The role is created by the will itself and takes effect on the death of the person who wrote it. The legal framework comes primarily from the Administration of Estates Act 1925, which sets out executors’ duties, powers, and personal liability.
A will can name up to four executors, though most name one or two. All named executors are equal in authority — there is no hierarchy unless the will specifies one. Up to four can act simultaneously on the probate application; if more than four are named, the others can apply later if needed.
Executor vs administrator: if someone dies without a will (intestate), there is no executor. Instead, a close relative applies for Letters of Administration and takes on an equivalent role called an administrator. The duties are similar, but the appointment comes from the court rather than the will. See our guide on intestacy rules for how that process works.
Can an executor also be a beneficiary? Yes — this is very common. Being named executor does not disqualify you from inheriting, and inheriting does not affect your ability to act. You must, however, act in the interests of all beneficiaries fairly, not just your own.
Can you refuse to be an executor?
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, permanent refusal. 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 administration later.
Power reserved is a softer option when multiple executors are named. You step back from the current application but preserve your right to act later — for example, if the lead executor becomes ill or dies during the administration. You notify the lead executor in writing; no formal form is required.
One critical caveat: if you have already started acting — contacting banks, handling the deceased’s post, taking control of assets — you may have “intermeddled” in the estate. Once you have intermeddled, renunciation is no longer available. If you are unsure whether you want the role, take advice before taking any action at all.
Executor’s duties step by step
The administration of an estate follows a broadly sequential process. Some tasks must be completed before others can begin.
1. Register the death and obtain death certificates
Death must be registered with the local register office within five days in England and Wales. At registration, you will receive certified copies of the death certificate. Order at least ten copies — banks, pension providers, insurers, HMRC, and the Land Registry each need one, and obtaining further copies later is slower and more costly. Full guidance is available at gov.uk — Register a death.
2. Locate the original will
You need the original signed will, not a copy. It may be at the deceased’s home, held by a solicitor, stored at a bank, or registered with the Probate Service. Our guide on how to find a will covers the Probate Registry standing search, the National Will Register, and formal solicitor searches. Once found, make copies for co-executors and all beneficiaries.
3. Apply for probate (or confirm it is not needed)
Probate is the legal authority to deal with the estate. Without it, most banks and financial institutions will not release funds above modest thresholds. You apply via the HMCTS probate portal or by post. The application fee is £300 for estates over £5,000; there is no fee for smaller estates.
Probate may not be needed if the estate consists only of jointly held assets (which pass by survivorship), small amounts held in savings accounts, or assets held in trust. Contact each financial institution individually to confirm their threshold before assuming you can act without a grant. See our guide to applying for probate for the full process, and do I need probate? to check whether a grant is necessary.
4. Notify asset holders and freeze accounts
Contact every bank, building society, pension provider, and insurer to notify them of the death. Send a certified death certificate and ask for balances as at the date of death. Accounts will typically be frozen until probate is granted. The government’s Tell Us Once service can notify multiple government departments — HMRC, DWP, the DVLA, the passport office — in a single step.
5. Value the estate
Produce an accurate valuation of everything owned at the date of death: property, savings, investments, vehicles, personal possessions, and any money owed to the deceased. Deduct outstanding debts — mortgages, credit card balances, personal loans. For property, a written estate agent appraisal is usually sufficient. Official guidance is at gov.uk — Valuing the estate.
6. Pay inheritance tax (if due)
If the estate’s net value exceeds £325,000 (the nil-rate band), inheritance tax may be due at 40% on the excess. Additional allowances — including the residence nil-rate band of up to £175,000 — may apply. Inheritance tax must be paid within six months of the end of the month in which the person died; HMRC charges interest on late payments. Crucially, you often have to begin paying IHT before probate is granted — HMRC’s inheritance tax guidance explains how to do this. See our inheritance tax overview for how the thresholds work.
7. Settle all debts before distributing anything
Before any beneficiary receives a penny, every debt must be paid — in the correct order. Funeral costs come first, then secured debts (mortgages), then unsecured debts (credit cards, loans), then beneficiaries. To protect yourself from creditors you do not know about, place a deceased estates notice in The Gazette and a local newspaper. This opens a two-month-and-one-day window for creditors to come forward. After that period, you are protected from claims you could not reasonably have known about — provided you searched properly.
8. Distribute the estate to beneficiaries
Once debts, taxes, and administration expenses have been paid, distribute what remains in accordance with the will. Specific gifts — named items, fixed cash sums — are dealt with first. The residue (everything left over) then passes to the residuary beneficiaries. Keep a record of every transfer.
9. Prepare estate accounts
Throughout the administration, keep detailed records of every transaction. At the end, produce a final set of estate accounts showing how the estate was valued, what debts were paid, and how the remainder was distributed. Share these with the beneficiaries. This is your protection against later disputes.
Executor duties at a glance
| Task | When to do it |
|---|---|
| Register the death | Within 5 days of death |
| Locate the will | As soon as possible after death |
| Notify asset holders and freeze accounts | Within the first few weeks |
| Value the estate | Before applying for probate |
| Submit IHT forms and pay inheritance tax | Within 6 months of month of death |
| Apply for probate | After valuing the estate and completing IHT forms |
| Place creditor notice in The Gazette | After grant of probate |
| Settle debts | After grant of probate, before any distribution |
| Distribute to beneficiaries | After all debts and taxes are cleared |
| Prepare estate accounts | At completion of administration |
Executor’s personal liability
This is the part of the role that most people do not anticipate. As executor, you take on personal legal liability for the proper administration of the estate. If you make a mistake — particularly if you distribute assets before settling debts — you can be held personally responsible.
The legal concept is devastavit (“he has wasted”), derived from the Administration of Estates Act 1925, section 25. Devastavit covers the misapplication of estate assets. Examples that give rise to claims include:
- Distributing to beneficiaries before all debts and taxes are paid
- Failing to place a creditor notice in The Gazette and missing an unknown creditor
- Selling property below market value
- Paying debts in the wrong order
If a creditor comes forward after distribution and you did not take reasonable steps to find creditors, you may have to pay them from your own pocket. Beneficiaries can bring a claim for up to 12 years after the breach; creditors have up to six years.
For complex estates, executor insurance is worth considering. It protects against claims arising from honest mistakes.
Can an executor also be a beneficiary?
Yes, and it is the most common arrangement. Naming a spouse or adult child as both executor and beneficiary is entirely lawful.
Where you are both executor and beneficiary, you must still act in the interests of all beneficiaries equally. You cannot, for instance, distribute specific assets to yourself ahead of others, or pay yourself before settling debts. The fiduciary duty — the obligation to act in others’ best interests — applies just as it does to any executor.
If there is any risk of conflict between your interests as executor and your interests as beneficiary, take independent legal advice before acting.
Do you need a solicitor?
The law does not require a solicitor for estate administration. For a straightforward estate — modest assets, a clear will, no inheritance tax, and no disputes — a lay executor can handle everything.
Professional involvement is sensible in the following situations:
- Inheritance tax is due — IHT returns are detailed and the consequences of errors are significant
- The estate includes a business — business relief calculations are complex
- Property is held overseas — you may need legal advice in multiple jurisdictions
- The will is being challenged — if anyone is considering contesting the will, do not proceed without advice; see our guide on contesting a will
- There are disputes between beneficiaries — co-executors who disagree may need the court to resolve matters
- You feel overwhelmed — administering an estate takes months of persistent paperwork; there is no shame in getting help
Professional executor fees typically run at 1%–2.5% of the estate’s value when appointed in the will, or hourly rates if instructed by a lay executor for specific tasks. Always ask for a written fee quote before instructing.
Frequently asked questions
How long does an executor have to settle an estate?
There is no hard deadline, but section 44 of the Administration of Estates Act 1925 provides an important protection: beneficiaries cannot compel an executor to distribute the estate within the first 12 months from the date of death. This is known as the executor’s year. It gives you time to deal with complications without being pressured into premature distribution. Once 12 months have passed, beneficiaries can press for distribution; continued delay may lead to a court application. In practice, most straightforward estates are administered within six to nine months. See our guide to probate timelines for current processing estimates.
Can an executor be removed?
Yes. If an executor is failing to act, acting improperly, or is in conflict of interest, the court can remove them under section 50 of the Administration of Justice Act 1985. Beneficiaries or co-executors can apply. Removal is a serious step and typically requires evidence of misconduct or significant neglect rather than mere disagreement.
What happens if an executor doesn’t act?
If a named executor takes no action and does not formally renounce, the estate is in limbo. Other named executors can apply for probate with “power reserved” to the inactive executor. If there are no other executors willing to act, a beneficiary can apply to the court to have an administrator appointed. Deliberate inaction after intermeddling may itself give rise to liability.
Does an executor get paid?
A lay executor — a family member or friend — has no automatic right to payment. Unless the will specifically contains a charging clause, you administer the estate for free. You can, however, recover reasonable out-of-pocket expenses: travel, postage, phone calls, probate fees. A professional executor (solicitor, bank, or trust company) can only charge fees if the will contains a charging clause permitting this, under sections 28–29 of the Trustee Act 2000.
Key sources
- Administration of Estates Act 1925 — primary legislation governing executors
- Trustee Act 2000, sections 28–29 — professional executor charging
- gov.uk — Applying for probate
- gov.uk — Valuing the estate of someone who died
- gov.uk — Form PA15: give up probate executor rights
- HMRC — Inheritance Tax
- The Gazette — deceased estates notices
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.