What Does an Executor Do?

Being named as the executor of a will is an important responsibility. While many people have heard the term, they are often unsure what an executor actually does or what's expected of them after someone passes away.

An executor is responsible for managing the deceased person's estate, ensuring their wishes are carried out and that their assets are distributed according to their will. Depending on the size and complexity of the estate, this can involve anything from organising paperwork to selling property and paying outstanding debts.

Understanding the role of an executor can help you decide who to appoint in your own will or prepare you if you've been asked to take on the responsibility.

If you're currently writing or updating your will, our Will Writing service can help ensure you choose the right executors and your wishes are clearly documented.

What Is an Executor?

An executor is the person (or people) appointed in a will to administer the estate after someone dies.

Their job is to ensure that the instructions contained within the will are followed correctly and that the estate is managed according to the law.

An executor has a legal duty to act in the best interests of the estate and its beneficiaries throughout the administration process.

Many people appoint:

• Their husband, wife or civil partner
• An adult child
• Another trusted family member
• A close friend
• A professional executor such as a solicitor

If you're unsure who to appoint, read our guide on Who Can Be an Executor?

What Are an Executor's Responsibilities?

The responsibilities of an executor vary depending on the estate, but typically include several important tasks.

Registering the Death

One of the first responsibilities is ensuring the death has been registered and obtaining several certified copies of the death certificate, as these will be required throughout the estate administration process.

Finding the Original WillThe executor must locate the latest valid will

If the will has been professionally stored, it should be retrieved before any further action is taken.

Valuing the Estate

The executor needs to identify and value all assets owned by the deceased, including:

• Property
• Bank accounts
• Savings
• Investments
• Pensions (where applicable)
• Personal possessions
• Vehicles

They'll also need to establish any debts or liabilities.

Applying for Probate

In many cases, the executor will need to apply for probate.

Probate is the legal authority allowing an executor to deal with the deceased person's estate.

Not every estate requires probate, but where it is needed, it must usually be obtained before certain assets can be sold or transferred.

Paying Debts and Taxes

Before beneficiaries receive their inheritance, the executor must ensure any outstanding debts are settled.

This may include:

• Utility bills
• Credit cards
• Loans
• Funeral expenses
• Income tax
• Inheritance Tax (where applicable)

Only once these obligations have been dealt with can the estate usually be distributed.

Distributing the Estate

After debts and taxes have been paid, the executor distributes the remaining assets according to the instructions in the will.

This might involve:

• Transferring property
• Paying cash gifts
• Distributing personal possessions
• Managing trusts established within the will

The executor must follow the will carefully and treat all beneficiaries fairly.

How Long Does an Executor's Job Take?

Every estate is different.

A straightforward estate may be administered within several months, while larger or more complex estates can take considerably longer.

Factors that affect timescales include:

• Whether probate is required
• Property sales
• Inheritance Tax
• Missing beneficiaries
• Business assets
• Disputes between family members

The executor should keep beneficiaries informed throughout the process where appropriate.

Does an Executor Get Paid?

Family members and friends usually act as executors without charging a fee.

However, they are generally entitled to reclaim reasonable expenses incurred while administering the estate.

Professional executors, such as solicitors, normally charge for their services.

Can an Executor Also Be a Beneficiary?

Yes.

This is extremely common.

For example, many spouses appoint each other as both executor and beneficiary, while parents often appoint their adult children.

There is no legal issue with an executor inheriting under the will, provided they continue to carry out their duties fairly and in accordance with the law.

Can Someone Refuse to Act as an Executor?

Yes.

Although someone may be named in a will, they are not legally obliged to act.

If they choose not to take on the role, another appointed executor may administer the estate instead.

This is one reason why many people appoint more than one executor or name substitute executors.

What Happens if an Executor Doesn't Carry Out Their Duties?

Executors have legal responsibilities.

If they fail to act appropriately, beneficiaries may be able to challenge their actions through the courts.

Examples include:

• Failing to distribute the estate correctly.
• Misusing estate funds.
• Deliberately delaying administration.
• Acting in their own interests rather than those of the estate.

Fortunately, most executors carry out their duties responsibly and seek professional advice whenever necessary.

Should You Choose More Than One Executor?

Many people appoint two executors.

This offers several benefits:

• Shared responsibility.
• Continuity if one executor cannot act.
• Additional support when making important decisions.
• Reduced workload.

You can appoint up to four executors in England and Wales.

Common Mistakes Executors Should Avoid

While being an executor can feel overwhelming, avoiding these common mistakes can make the process smoother.

Not Reading the Will Carefully

Executors should fully understand the deceased's wishes before taking any action.

Distributing Assets Too Early

It's important to settle debts and taxes before making payments to beneficiaries.

Failing to Keep Records

Executors should keep clear records of all financial transactions and decisions made during the administration of the estate.

Trying to Handle Complex Estates Alone

Where an estate involves businesses, trusts, inheritance tax or family disputes, professional advice can often save time and reduce the risk of costly mistakes.

Why Choosing the Right Executor Matters

An executor plays a vital role in ensuring your wishes are carried out.

Choosing someone who is organised, trustworthy and willing to take on the responsibility can make the administration of your estate far easier for your loved ones.

If you're unsure who to appoint, our guide on Who Can Be an Executor? explains what qualities to look for and who can legally take on the role.

Frequently Asked Questions

What does an executor do after someone dies?

An executor manages the deceased person's estate by collecting assets, paying debts and taxes, applying for probate where necessary and distributing the estate according to the will.

Does every executor need probate?

No. Probate isn't required for every estate, although many estates will need it before assets can be accessed or transferred.

Can an executor also inherit money?

Yes. It's common for executors to also be beneficiaries under the will.

Can an executor refuse to act?

Yes. An executor can decline the role, which is why many people appoint more than one executor.

How many executors should I appoint?

While you can appoint up to four executors, many people choose two to provide continuity and share the responsibility.

Final Thoughts

Being an executor is a position of trust and responsibility. From applying for probate to paying debts and distributing assets, the role is essential in ensuring a person's final wishes are respected.

If you're writing your own will, taking the time to choose the right executor is one of the most important decisions you'll make. Likewise, if you've been appointed as an executor, understanding your responsibilities can help make the estate administration process much smoother.

How Ember Heritage Can Help

Choosing the right executor is just one part of effective estate planning.

At Ember Heritage, we help individuals and families prepare professionally drafted wills that clearly set out their wishes and appoint suitable executors with confidence.

Whether you're writing your first will, updating an existing one or planning for the future, our experienced team is here to guide you every step of the way.

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