A guide to Understanding the Role of an Executor
What is an executor?
Executors are appointed by Will. They are legally responsible for dealing with the deceased’s estate in accordance with their Will.
The role will include identifying and valuing all of the assets, may include reporting to the estate to HMRC and paying inheritance tax (if applicable), dealing with bank accounts and investments, securing any property belonging to the deceased’s estate and settling any debts or loans.
An Executors Initial Tasks:
- Register the death.
- Locate the original will.
- Look through the deceased’s papers and home. Once a copy has been found, it will be easier to locate where the original may be stored. Please note that the original will is required to apply for a Grant of Probate, except in very limited cases.
- Get in contact with the deceased’s local solicitor to see if they hold the original.
- Search the National Wills Register.
- Funeral arrangements.
- Tell Us Once service – this is available on the government website. This service will notify HMRC, DWP, DVLA and other institutions to inform them of the death.
Property and Personal Possessions
It is important to value the property and personal possessions owned by the deceased at the date they died and ensure everything is secure and where appropriate insured. This might also include a car or boat.
Debts and liabilities
It is important to be identify any debts or liabilities as soon as possible to ensure the estate has the funds to pay them. If not, it could affect distribution to legatees and beneficiaries.
Debts and liabilities include:
- Funeral expenses
- Loans or credit cards
- Mortgages (including equity release mortgages)
It is advisable to place a ‘statutory advertisement’ to inform creditors of the deceased’s death.
Inheritance Tax
Inheritance Tax may be payable depending on the value of the estate, as well as the circumstances of the deceased. Please refer to our article Inheritance tax: Understanding Nil-Rate Bands for further information about this.
Other Taxes
An executor will also need to take into account any other taxes that the estate might be subject to such as income tax due by the deceased for the period before they died as well as capital gains tax on assets they may have sold during their lifetime but not declared, such as second home.
Grant of Probate
A Grant of Probate gives the executors legal authority to deal with some of the assets in the estate. The Grant is not needed for all assets.
Please refer to our article Understanding The Grant Of Probate for further information.
Distribution and administration
The executors will distribute the estate if they are confident that all debts, liabilities and taxes have been considered and paid (if applicable). However, they must also be mindful of any possible claims which might be brought by persons who have been left out of the Will under the Inheritance (Provision for Family and Dependants) Act 1975. These persons have 6 months from the date of the grant to issue the claim form.
Executors must administer the estate in accordance with the will, irrespective of their own thoughts or wishes.
Keeping account
The executors are under a duty to prepare an account of the estate for the period from the date of death to the end of the administration.
The role of an executor is important and there is a lot to consider. This can be worrying for some executors, especially during what might be a difficult time for them. We are an experienced team of Private Client lawyers and would be happy to help if you need some advice or assistance with this. You can contact us by phone on 01305 422 313 or via our main contact page
Related Articles You May Find Useful
Do I need a solicitor to update my will after life changes?
Major life events such as marriage, divorce, new children or buying property can affect your estate planning. This guide explains when updating a will becomes
Wills Bill 2025: Key Proposals to Modernise Wills Law
The Wills Bill 2025 proposes landmark reforms to the Wills Act 1837, including lowering the age to make a Will, digital execution, and updated mental
