When someone passes away, their estate - which may include property, money, investments, and personal belongings - must be collected, valued, and distributed according to their wishes. The person responsible for overseeing this process is known as the executor. Being appointed as an executor is both a privilege and a significant responsibility. It means that the deceased trusted you to manage their affairs and carry out their final wishes. However, it also means navigating a complex legal process that can feel overwhelming without the right guidance. In this article, we explain what an executor of a will does, the duties involved, how to deal with common challenges, and how professional legal support can make the process smoother and more efficient.
An executor is the individual (or sometimes more than one person) named in a will to administer the deceased person's estate. Their legal authority comes from a document called a Grant of Probate, which is issued by the Probate Registry. Once probate is granted, the executor has the power to access the deceased's accounts, sell or transfer property, pay debts and taxes, and distribute the remaining assets to the beneficiaries named in the will.
Executors can be family members, close friends, or professionals such as solicitors. Many people choose two executors - often a relative and a professional - to ensure a balance between personal understanding and legal expertise. Executors are under a legal duty to act in the best interests of the estate and its beneficiaries at all times. This is known as a fiduciary duty, and it requires transparency, fairness, and careful record-keeping.
The executor's authority technically begins from the moment of death, but in practice, they cannot take full control of the estate until probate has been granted. This can take several weeks or months, depending on the complexity of the estate and whether inheritance tax needs to be paid before the application.
During this initial period, executors often start by locating important documents such as the will, death certificate, and financial statements. They may also need to secure property, arrange insurance, and notify banks, pension providers, and government departments of the death. Although they cannot access funds at this stage, they can take practical steps to ensure the estate is protected.
The executor's role involves several distinct responsibilities. Some are administrative, while others carry legal or financial implications. Each duty must be completed with care to ensure compliance with probate law and the deceased's wishes.
1. Locating the Will and Confirming Executors
The first step is to locate the most recent version of the will and confirm who has been appointed as executor. If more than one executor has been named, they will usually need to act jointly. In some cases, one executor may choose to step down if the task feels too demanding, in which case the remaining executor(s) can continue.
2. Valuing the Estate
The executor must identify and value everything the deceased owned. This includes property, bank accounts, investments, pensions, vehicles, and personal possessions. Debts such as mortgages, loans, and credit cards must also be identified and deducted from the total value.
Obtaining accurate valuations is crucial, particularly for inheritance tax purposes. HM Revenue & Customs (HMRC) can impose penalties if values are found to be incorrect or misleading. Executors may need to obtain professional valuations for property, shares, or business interests.
3. Applying for the Grant of Probate
Once the estate has been valued, the executor must apply for probate. This can involve completing an inheritance tax return (even if no tax is payable) and submitting an application to the Probate Registry.
When probate is granted, the executor receives a legal document confirming their authority to deal with the estate. This grant is often required before banks will release funds or property can be sold or transferred.
4. Paying Debts and Taxes
Before distributing any inheritance, the executor must ensure that all debts and taxes are settled. This includes income tax, inheritance tax, and any outstanding bills or loans.
If the estate does not have enough liquid assets (for example, cash in the bank) to cover these liabilities, the executor may need to sell property or investments to raise the necessary funds. Executors should always keep detailed records of all payments made to protect themselves from future disputes.
5. Distributing the Estate
Once debts and taxes are cleared, the executor can distribute the remaining assets according to the will. This may involve transferring money to beneficiaries, selling property, or gifting personal possessions as directed.
In some cases, the will may create a trust, for example, to provide ongoing financial support to a child or dependent. If so, the executor may also act as a trustee and be responsible for managing that trust after the estate is settled.
Executors are legally responsible for ensuring that the estate is administered correctly. If they make errors - for example, by underpaying tax, distributing funds too early, or failing to identify all debts - they can be held personally liable for losses to the estate.
This is why many executors choose to seek professional assistance from a solicitor, particularly for estates involving property, foreign assets, businesses, or inheritance tax. Professional guidance not only reduces the risk of mistakes but also provides reassurance that all legal obligations have been met.
At Premier Solicitors, we often see situations where executors underestimate the time, paperwork, and emotional pressure involved.
As Mohsin Yousaf, one of our Private Client Directors, explains:
“Being named as an executor can feel like a compliment, but it's also a serious legal duty. Many clients come to us after realising that administering an estate is far more complicated than expected. Having a solicitor involved from the start can save months of work and prevent disputes or costly errors later on.”
If the deceased did not leave a valid will, there is no executor. Instead, someone must apply to become an administrator of the estate under the rules of intestacy. The administrator has similar responsibilities to an executor, but the law determines who can apply and how the estate is distributed.
Usually, a spouse, civil partner, or adult child has the first right to apply for Letters of Administration, which are equivalent to a Grant of Probate. The rules of intestacy strictly define who inherits, and they may not always align with what the deceased would have wanted.
This is one of the many reasons why making a valid will is so important - it allows individuals to choose their own executors and ensure their estate passes to the people they intend.
Sometimes, an executor may not feel able or willing to take on the responsibility. This can happen if they live abroad, have health issues, or simply find the process too stressful.
If probate has not yet been granted, an executor can choose to renounce their role by signing a formal document. If there are multiple executors, the others can continue without them. If there are no remaining executors, the court can appoint an alternative.
If probate has already been granted, stepping down is more complicated and usually requires court approval. For executors in this situation, it is important to seek legal advice early to avoid breaching their duties.
Occasionally, disputes arise during probate. These might involve disagreements between beneficiaries, claims against the estate, or challenges to the validity of the will. Executors may also face difficult situations where assets are hard to trace, debts exceed the estate's value, or property is jointly owned with someone who refuses to cooperate.
In such cases, executors must act carefully to avoid personal risk. Seeking specialist legal advice is essential to navigate disputes, negotiate settlements, and protect the executor from liability. At Premier Solicitors, our probate team regularly assists executors in resolving complex estate issues, ensuring matters are handled fairly and efficiently.
For individuals planning their wills, appointing a professional executor can be a wise decision - especially for larger or more complex estates. Solicitors who act as executors bring expertise, impartiality, and efficiency to the process. They can manage everything from tax compliance and property sales to resolving disputes between beneficiaries.
A professional executor also removes the burden from loved ones at a difficult time. Family members may not have the time or legal knowledge to manage an estate, and the emotional stress of dealing with personal loss can make the process even harder. Having a solicitor as executor provides peace of mind that the estate will be managed correctly, transparently, and without unnecessary delays.
Executors often underestimate the administrative workload involved in probate. Even relatively straightforward estates can take 6 to 12 months to complete, and more complex ones may take several years. Common challenges include:
Locating all assets - especially where the deceased held accounts or investments across multiple institutions.
Managing property - ensuring it remains insured, secure, and maintained until sold or transferred.
Handling family disagreements - when beneficiaries disagree over valuations or inheritance shares.
Navigating tax rules - ensuring inheritance tax, income tax, and capital gains tax are correctly reported and paid.
Meeting deadlines - such as inheritance tax payment windows and probate application timeframes.
With professional guidance, these issues can be managed smoothly and in full compliance with the law.
At Premier Solicitors, our dedicated probate team provides expert support to executors and families managing estates of all sizes. We understand that acting as an executor can feel daunting - particularly when faced with legal paperwork, tax obligations, and family pressures.
We can assist with every stage of the process, including:
- Applying for the Grant of Probate;
- Preparing inheritance tax returns and liaising with HMRC;
- Managing the sale or transfer of property;
- Handling estate accounts and distributions; and
- Providing clear, practical advice to executors and beneficiaries.
Whether you are acting as an executor, considering appointing one in your will, or need professional assistance to administer an estate, we can help ensure the process runs smoothly, efficiently, and with full legal compliance.
As Mohsin Yousaf, one of our Private Client Directors, notes:
“Our role is to take the pressure off executors. We handle the legal and tax complexities so that families can focus on what really matters - remembering their loved one and moving forward with peace of mind. Every estate is unique, but with the right support, the process doesn't have to be overwhelming.”
An executor plays a vital role in ensuring that a person's final wishes are respected and their estate is distributed correctly. It's a role that demands organisation, integrity, and legal awareness - but it doesn't have to be faced alone.
Whether you are planning your will or have recently been named as an executor, professional advice can make all the difference. By working with experienced probate solicitors, you can ensure that every stage of the process - from applying for probate to final distribution - is handled lawfully, transparently, and efficiently.
If you need help with any aspect of probate or would like to discuss appointing a professional executor, contact Premier Solicitors today on 01234 358 080 or visit our contact page to send an enquiry form.
Read more blog posts which Mohsin has written for this website.
