Most people who are named as an executor in someone’s Will have no idea what the role actually involves. They assume it means signing a few forms and distributing some money. In reality, being an executor is a legal position with personal liability, fiduciary duties, and a workload that can consume hundreds of hours over 12 to 18 months — or longer if the estate is complex or disputed.
What an Executor Actually Is
An executor is the person appointed in a Will to administer the deceased’s estate. They are personally responsible for collecting all assets, paying all debts and taxes, and distributing the estate to the beneficiaries according to the Will. They have a legal duty to act in the best interests of the estate and its beneficiaries — not in their own interests, and not in the interests of any individual beneficiary over another.
This is a fiduciary duty — the highest standard of care recognised in English law. An executor who breaches this duty can be held personally liable for any losses the estate suffers as a result.
The Step-by-Step Process
1. Locate the Will and register the death. The executor’s duties begin immediately upon death. They must locate the original Will, register the death with the local registry office, and arrange the funeral (unless the Will specifies otherwise or the family takes this on). The death must be registered within five days in England and Wales.
2. Secure the estate. The executor must identify and secure all assets. This means contacting banks, building societies, insurance companies, pension providers, HMRC, the DWP, utility companies, and any other organisation the deceased had dealings with. Property must be secured and insured. Vehicles must be stored safely. Valuables must be protected.
3. Value the estate. Every asset must be valued as at the date of death. Property requires a professional valuation — ideally from a RICS-qualified surveyor. Investments are valued at the closing price on the date of death. Bank accounts are valued at the closing balance. Personal possessions over a certain value need professional appraisal. Any jointly held assets must be identified and their treatment determined.
4. Deal with inheritance tax. If the estate exceeds the IHT threshold (currently £325,000, or up to £500,000 with the residence nil-rate band, or up to £1 million for a surviving spouse), an IHT account must be submitted to HMRC. For estates above the threshold, IHT is due within six months of death — even if probate has not yet been granted. The executor may need to use the Direct Payment Scheme to release funds from the deceased’s bank accounts to pay HMRC before the estate is accessible.
5. Apply for probate. The executor applies to the Probate Registry for a Grant of Probate — the legal document that confirms their authority to deal with the estate. Since the July 2026 fee increase, the probate application fee is £526. Online applications are currently taking 5 to 6 weeks; paper applications take 16 to 20 weeks or more.
6. Collect the assets. Once probate is granted, the executor presents the Grant to each institution holding assets. Banks release funds. Investment accounts are liquidated or transferred. Property can be sold or transferred to beneficiaries. This stage can take weeks or months depending on the number and complexity of the assets.
7. Pay debts and liabilities. The executor must pay all debts from the estate before distributing to beneficiaries. This includes the mortgage, credit cards, utility bills, tax liabilities, funeral costs, and any other outstanding obligations. The executor must also place statutory notices in the London Gazette and a local newspaper, giving creditors two months to come forward. Distributing the estate without placing these notices exposes the executor to personal liability for any unknown debts that later emerge.
8. Prepare estate accounts. The executor must prepare a full set of estate accounts showing every asset collected, every payment made, and the final distribution to each beneficiary. These accounts should be approved by all beneficiaries before distribution. They are the executor’s proof that they have acted properly.
9. Distribute the estate. Finally, the executor distributes the remaining assets to the beneficiaries according to the Will. This includes transferring property, paying legacies, and distributing the residuary estate. Each beneficiary should sign a receipt confirming what they have received.
The Personal Liability Risk
Executors are personally liable for mistakes. If an executor distributes the estate too early and a creditor later emerges, the executor must pay from their own funds. If an executor sells a property below market value, they can be sued by the beneficiaries. If an executor fails to pay IHT on time, HMRC charges interest and penalties — against the executor personally.
Common mistakes that trigger personal liability include:
- Distributing assets before the statutory notice period has expired
- Failing to identify all debts and liabilities
- Selling assets without obtaining proper valuations
- Favouring one beneficiary over another
- Mixing estate funds with personal funds
- Missing tax filing deadlines
- Failing to claim available tax reliefs
The Time Commitment
A straightforward estate with a single property, a few bank accounts, and no disputes typically takes 9 to 12 months to administer fully. A complex estate — multiple properties, business interests, overseas assets, or family disputes — can take two to three years. During this time, the executor is responsible for managing the assets, filing tax returns, responding to beneficiary queries, and dealing with any problems that arise.
For a working professional, this time commitment is significant. Many executors underestimate it, and some find it overwhelming — particularly when combined with their own grief.
Can You Refuse to Be an Executor?
Yes. Being named as an executor does not oblige you to act. You can renounce the role by filing a formal renunciation with the Probate Registry — but only if you have not already started to act (a concept called “intermeddling”). Once you have taken any step in administering the estate, you cannot renounce.
You can also appoint a professional — a solicitor or specialist probate firm — to do the work on your behalf. You remain the legal executor, but the day-to-day administration is handled by someone with experience. Professional fees typically range from 1% to 4% of the estate value, plus VAT and disbursements.
Choosing the Right Executor
When writing your Will, choosing the right executor is as important as deciding who inherits. The ideal executor is someone who is:
- Organised, reliable, and good with paperwork
- Willing and able to commit the time required
- Impartial — not likely to favour one beneficiary over another
- Comfortable with financial matters and dealing with institutions
- Young enough and healthy enough to be likely to outlive you
Naming two executors provides a safeguard — they can share the workload and hold each other accountable. Naming a professional executor (such as a solicitor) as a backup ensures there is always someone capable of acting.
If you are reviewing your Will or considering who to appoint as executor, contact Legacy Wills. We can help you choose the right people and make sure they understand what the role involves before they need to do it.