What Does an Executor Actually Have to Do?

If you are asked to act as someone's executor, it is a sign of real trust. It means they believe you are organised, reliable and capable of handling their affairs after they die. It is a genuine compliment.

However, if you are not prepared for it, it is also quite a lot of work.

Most people agree to be an executor without fully understanding what the role involves. They say yes because it feels like the right thing to do. Then the person dies, and suddenly they are responsible for an estate they may know very little about, a legal process they have never encountered, and a family who may have strong opinions about how everything should be handled.

This guide sets out what being an executor actually means in practice.

First: You Do Not Have to Say Yes

Before anything else, it is worth knowing that being named as an executor in a Will does not legally oblige you to act. If you feel unable to take on the role, you can formally step back by filing a renunciation form with the Probate Registry, provided you have not already started dealing with the estate. Once you begin acting, stepping away becomes considerably more complicated, and may not be possible.

If you have been named as an executor and are unsure whether to take on the role, speaking to a solicitor before you do anything is the right first step.

Where to Start

The executor's responsibilities begin at the point of death. The first practical tasks are:

Locating the most recent original Will and confirming it is valid. A Will must be signed by the person who made it in the presence of two independent adult witnesses who also signed it. If these formalities were not followed, the Will may not be legally valid. Despite what films suggest, there is no formal reading of the Will. It is simply a document that needs to be found and acted on. Should you choose to instruct a solicitor to assist you, one of the first things they ought to do is a Will search

Registering the death and obtaining death certificates. You will need multiple certified copies of the Will and the death certificate, as banks, financial institutions and government bodies all require to see these.

Securing the deceased's assets. This means ensuring that property, vehicles and valuables are protected and insured while the estate is administered.

Applying for Probate

In roughly half of all estates in England and Wales, the executor will need to apply for a Grant of Probate. This is the legal document that confirms the executor's authority to deal with the deceased's assets.

Not every estate requires probate. If the estate consists mainly of jointly held assets that pass automatically to a surviving co-proprietor, or if the total value is modest, it may not be needed.

If it is required, the application involves submitting the original Will, if there is one and information about the value of the estate to the Probate Registry. The current application fee is £300 for estates worth more than £5,000. Once granted, the process typically takes around twelve weeks, though this can vary and will take longer in instances where no original Will can be located.

Dealing with Inheritance Tax

Before probate is granted, the executor must establish whether Inheritance Tax is payable. For the 2026/27 and 2027/28 tax years, the nil-rate band is currently at £325,000. An additional residence nil-rate band of £175,000 applies if the deceased left their principal home to direct descendants (this rate is frozen until 2030). For married couples and civil partners, unused allowances can be transferred, to each other, potentially creating a combined threshold of up to £1 million.

If Inheritance Tax is due, it must be paid within six months of the end of the month in which the person died. Late payment attracts interest and potential penalties. This creates a practical problem because the executor often cannot access the estate's assets until probate is granted, but the tax has to be paid before probate is issued. Banks will sometimes release funds to pay Inheritance Tax directly, and some assets can be sold or liquidated before probate if necessary.

Collecting the Assets and Paying Debts

Once probate is granted, the executor can begin collecting in the assets of the estate. This means contacting banks, investment platforms, pension providers and other institutions to release the funds they hold.

Before distributing anything to beneficiaries, the executor must pay all outstanding debts. This includes funeral costs, utility bills, credit cards, loans and any other liabilities. To protect against unknown creditors coming forward after the estate has been distributed, executors can place a notice in the London Gazette and a local newspaper. This triggers a two-month waiting period, after which the executor is protected from personal liability if a creditor emerges later.

This step is worth taking seriously. An executor who distributes the estate without settling all taxes and debts, or without allowing the notice period to pass, can be held personally liable to cover those debts from their own money.

Keeping Records

Throughout the process, the executor must keep full and accurate records of everything: every financial transaction, every decision made and every piece of correspondence. At the end of the administration, the executor prepares estate accounts showing all income received, all expenses paid and all distributions made. These accounts may need to be shared with beneficiaries and, in some cases, reviewed by HMRC.

If the estate earns any income after the date of death, such as rental income or interest on savings, the executor is also responsible for completing the estate's income tax return.

Distributing the Estate

Only once all debts are paid, all taxes settled, and the waiting period has passed can the executor begin distributing the estate to the beneficiaries named in the Will.

This sounds straightforward, and often it is. But disputes among family members are more common than most people expect. Disagreements about specific items, interpretations of the Will's wording or concerns about how long the process is taking can escalate quickly. The executor has a legal duty to act fairly and in accordance with the Will and maintaining clear communication with all beneficiaries throughout the process is one of the most effective ways to avoid conflict.

A Note on Digital Assets

Since December 2025, the Property (Digital Assets etc) Act has formally recognised digital assets, including cryptocurrency and online accounts, as personal property. This means executors now have clearer legal authority to deal with them as part of the estate. However, without passwords, private keys or a digital inventory left by the deceased, accessing these assets remains extremely difficult in practice.

If you are currently named as an executor in someone's Will, it may be worth having a quiet conversation with them about their digital assets while that is still possible.

You Do Not Have to Do This Alone

Executors can instruct a solicitor to assist with some or all of the administration. The cost comes from the estate rather than the executor's own pocket, which is something many people do not realise. A solicitor can handle the probate application, deal with HMRC, correspond with financial institutions and advise on anything that becomes complicated along the way.

At Claire Nash Solicitors, we work with executors at every stage of the probate process. Some come to us at the very beginning, wanting help with the full administration. Others come partway through when something has become more complex than they expected. We are equally happy to help in either situation.

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