When someone dies, it’s only natural to feel overwhelmed. It can be even more challenging if you have been chosen to manage the deceased’s affairs – a role known as the executor of a will.
Whether you’re making or updating your own will, supporting someone who has recently been bereaved, or simply want to understand the process, here’s everything you need to know about being an executor.
What is an executor of a will?
Under UK law, the executor of a will is someone aged 18 or over who has been appointed to administer the deceased’s estate, including their assets, debts and any other personal affairs set out in the will.
Often, people don’t fully understand what this role involves until they’re asked to take it on.
“The executor of a will is the person (or people) appointed in a will to carry out the wishes of the person who has died,” explains Harry McCarthy, Solicitor in the Private Client Department at John Hodge Solicitors. “Executors ensure everything is distributed in line with the instructions set out in the will,” he adds. “You can appoint one or more executors, and it’s common to choose trusted family members, friends, or a professional such as a solicitor.”
Probate is the name given to the process of administering someone’s estate when they die. Learn how to apply for probate with our helpful guide.
What are the key roles and responsibilities of an executor?
While the main duties of the executor may vary based on the circumstances of the deceased and the third parties involved, there are certain legal responsibilities that must always be carried out.
“An executor of a will has the authority to manage the affairs of the estate in whatever way they determine best for fulfilling the deceased’s wishes,” says George Williamson, CEO at Level Group.
“Executors are responsible for carrying out the instructions written in a will and they have several responsibilities including things like arranging the funeral (if the will specifies), collecting all assets of the person who has passed, paying off debts owed by the deceased and distributing the estate to the beneficiaries,” he adds.
Follow this executor checklist to know you’ve taken the correct steps:
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Step 1: locate the will
Get your hands on the most recent version of the will to confirm if you have been officially named as the executor. Double-check if anyone else has been listed as a co-executor and take time to carefully read the responsibilities that have been outlined.
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Step 2: register the death
Head to your local registry office to register the death and obtain copies of the death certificate. You can find out where your nearest registry office is on GOV.UK.
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Step 3: organise the funeral
If explicitly stated in the will, organise the funeral and coordinate with the loved ones of the deceased to ensure the occasion is well planned, with costs covered accordingly.
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Step 4: value the estate
Identify and assess the value of assets of the deceased’s estate such as property, money in bank accounts, investments and personal belongings.
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Step 5: apply for probate
As the executor, you may also need to apply for probate to gain legal permission to manage and distribute the deceased’s estate. You can apply for probate via GOV.UK.
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Step 6: pay debts and taxes
After carefully reviewing the estate and all accounts, you will need to calculate any outstanding debts and taxes that need to be settled on behalf of the deceased, including Inheritance Tax.
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Step 7: distribute the estate
Following your valuation of the estate, you must ensure that all the money, property, or possessions from the estate are legally transferred to the correct beneficiaries named as stated in the will.
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Step 8: finalise estate and file records
Collate all of the documentation accumulated throughout the entire process – such as receipts from transactions, bank statements and certificates – and ensure that these are filed away securely for future reference.
Overcoming common challenges and seeking professional help
Many people may view being named executor of a will as an honour as it shows that you were dearly trusted by the person who has passed, but it can also test your admin stamina and emotional resilience.
Executors often face challenges such as handling extensive paperwork, managing people and expectations, meeting tight deadlines and coping with the worry that something might go wrong.
“Being an executor of a will is a serious legal responsibility, and most people aren’t aware that it automatically makes you personally liable for any mistakes made in the process – even if they’re unintentional,” says Nellie McQuinn, Will Writer and Founder of AWAY Wills.
“Something like failing to insure a vacant property or distributing assets incorrectly could result in the executor being held personally liable, so it’s vital to act carefully and document everything,” she adds. “If in doubt, don’t be afraid to seek professional help, even if it’s just part of the process. For instance, at AWAY Wills, we can apply for the grant of probate or do the whole process on the executor’s behalf.”
Final thoughts on your role as executor of a will
Although being an executor of a will can be demanding and even overwhelming at times, it can also be a very rewarding process.
By following the steps in our executor checklist and seeking expert support when needed, you should be able to confidently complete the will process to ensure that the wishes of the deceased are carried out with compassion and care.
“Insurance is something every executor should have, as it can be costly if you don’t have it and a claim is made on your watch, so on a final note, I would highly recommend this” Nellie McQuinn concludes.
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Sue Omar is a freelance journalist and editor, with work published in The Times, The Law Society Scotland, Evening Standard, Metro and more.