What is an executor and what do they do?
An executor is a person named in a will to manage the deceased's estate after they die. This guide explains the role, who can be an executor, and what happens if no executor is named.
This guide is for general information only. It is not legal, financial, or tax advice. Laws and figures can change. For decisions specific to your situation, speak to a qualified solicitor, accountant, or financial adviser.
What does an executor do?
An executor is responsible for carrying out the instructions in a will. Their main tasks are to:
- Register the death and obtain multiple copies of the death certificate.
- Find and secure the deceased's property, money, and possessions.
- Notify banks, insurance companies, and other organisations of the death.
- Apply for probate, which gives legal authority to deal with the estate.
- Identify all debts, including mortgages, loans, and utility bills.
- Pay the funeral costs, debts, and taxes from the estate.
- Distribute the remaining estate to the people named in the will (beneficiaries).
- Keep records and accounts of all transactions.
The executor must act in the best interests of the estate and follow the instructions in the will exactly.
Who can be an executor?
The person who writes a will (the testator) can choose anyone to be their executor. Often it is a family member, such as a spouse, adult child, or sibling. It can also be a friend, a solicitor, or a bank acting as a professional executor.
An executor must be mentally capable and at least 18 years old. They must be willing to take on the role. It is common to ask someone before naming them as executor in the will.
An executor does not have to accept the role if they are named in the will. If they do not want to do it, they can refuse (called a renunciation).
How long does it take to be an executor?
The role of executor begins after the person dies. It typically takes between 6 and 12 months to complete, but can take longer if the estate is complex or if there are disputes.
Initial tasks, like registering the death and notifying organisations, happen quickly. Applying for probate takes a few weeks. Identifying all debts and settling the estate takes longer. Final distribution to beneficiaries happens once all debts and taxes are paid.
Executors should expect to commit several hours per week for at least the first few months.
What powers do executors have?
An executor has legal power to manage the deceased's money and property once probate is granted. This includes the power to:
- Access bank accounts and withdraw money to pay bills and debts.
- Sell property, vehicles, or other assets if needed to pay debts or distribute the estate.
- Pay taxes, including inheritance tax if the estate is large enough.
- Take steps to manage disagreements about the estate, though contested disputes may need to be resolved by a court.
An executor must keep detailed records of all money in and money out. Banks and the Probate Service have strict rules about this.
What if the will does not name an executor?
If the will is silent, or if the named executor refuses or dies, someone must apply to the court for permission to manage the estate. This is called letters of administration instead of probate.
Usually, a close family member applies (spouse first, then children, then parents, then siblings). The court grants letters of administration to the applicant, and they then have the same powers as an executor would have.
The process is similar to probate, though the paperwork differs slightly.
Can an executor be paid for their work?
A professional executor, such as a solicitor or bank, will charge a fee. This is usually a percentage of the estate value and is paid from the estate itself.
If a family member or friend is the executor, they are not automatically paid. However, the will may include a clause giving them a fee. If the will is silent, an executor can apply to the court for a remuneration order if the role is unusually complex.
An executor can reclaim reasonable expenses (such as travel costs or fees for professional advice) from the estate regardless of whether they are paid a fee.
When should an executor get professional help?
An executor should consider getting help from a solicitor if the estate is complex, if there are disputes among beneficiaries, or if they are unsure about inheritance tax, probate procedures, or how to value assets.
A solicitor can handle the probate application and much of the administration, which can save the executor time and stress. Costs for legal help are paid from the estate. Free guidance is also available from Citizens Advice and through gov.uk.
An accountant may be needed if the estate includes a business or if inheritance tax must be calculated and paid.
What if someone disagrees with how the executor is managing the estate?
Beneficiaries who are unhappy with an executor's decisions can raise concerns. If a dispute cannot be resolved by discussion, it may need to go to court.
An executor has a legal duty to act fairly and in accordance with the will. If they breach this duty, they may be removed and replaced. Legal advice is essential if a serious dispute arises.