Executor Duties Explained

Being named as executor is both an honour and a significant legal responsibility. You are personally accountable to the beneficiaries for how you administer the estate - and you can be held personally liable if things go wrong. Your core duties are to identify and value all assets, pay all debts, deal with any inheritance tax, apply for probate, collect assets using the grant, and distribute the estate according to the will. This guide covers what each step involves and what happens if something goes wrong.

Accepting or renouncing the role

You are not legally obliged to act as executor simply because you have been named in a will. You can formally renounce the role by signing a Deed of Renunciation before the Probate Registry. Once you have renounced, you cannot later change your mind and take on the role.

However, once you have "intermeddled" with the estate - meaning you have taken any active steps to deal with assets or pay debts - you can no longer renounce. Intermeddling includes things like paying the funeral bill from the deceased's bank account, taking possession of assets, or paying outstanding bills on behalf of the estate.

If you wish to act but find the role overwhelming, you can instruct a solicitor to carry out the work on your behalf while you remain the legally responsible executor. This is common for complex estates.

Immediate tasks after death

In the days and weeks immediately following the death, an executor's priority tasks are:

• Register the death at the local register office within five days. You will receive death certificates - order at least ten copies as you will need to send originals to multiple institutions.
• Use the Tell Us Once service to notify HMRC, DWP, the DVLA, the Passport Office, the local council, and other government agencies in a single step. You receive a unique reference number at the register office.
• Secure the property. If the deceased's home is now empty, inform the buildings insurer immediately - most home insurance policies require notification when a property becomes unoccupied, and some will not cover claims if they are not told.
• Arrange or confirm the funeral. The executor has legal authority to arrange the funeral if no one else has done so. Funeral costs are a first charge on the estate, meaning they are paid before other debts and before beneficiaries receive anything.
• Locate the will and confirm its validity. Check that it is signed and witnessed correctly, and look for any later codicils (amendments).
• Cancel or redirect regular payments - standing orders, direct debits, subscriptions - to stop unnecessary outgoings from estate accounts.

For a full list of everyone you need to notify in the early days, see our guide to who to contact after a death.

Identifying and valuing assets

Your first real task is to identify everything in the estate and pin down its value at the date of death. That includes:

• All bank and building society accounts in the sole name of the deceased
• Any property owned solely or as a tenant in common
• Shares, ISAs, bonds, and other investments
• Life insurance not written in trust (if in trust, it passes outside the estate)
• Vehicles and other personal property
• Money owed to the deceased (for example, a personal loan they made)
• Business assets, if relevant

You must also identify all liabilities: mortgage, loans, credit card balances, utility bills, council tax, and any other debts. The estate cannot be distributed until all debts have been settled. Our probate checklist gives you a structured task list to work through at each stage.

Notifying banks and institutions

Write to each bank, investment platform, and financial institution holding assets. Enclose a copy of the death certificate and ask them to freeze the account, confirm the date-of-death balance, and tell you their procedure for closing and releasing funds. Each institution will have its own process. See our guide to closing bank accounts after death for more detail.

Applying for probate

Once you have valued the estate and dealt with any inheritance tax requirements, you apply to the Probate Registry for the Grant of Probate (or Letters of Administration if there is no will). The grant gives you legal authority to deal with assets that require it. Our step-by-step guide to applying for probate covers this process in full.

Paying debts

Before any beneficiary receives anything, all debts must be paid. The order of priority for paying debts is set by law:

1. Secured debts (mortgage on property that is being sold or transferred)
2. Funeral expenses
3. Administration expenses (solicitor fees, valuation costs, court fees)
4. Preferential debts (certain HMRC debts)
5. Unsecured debts (credit cards, personal loans, outstanding bills)

You should also consider placing a statutory notice in The Gazette (the official public record) and a local newspaper, inviting creditors to come forward within two months. This protects you as executor if unknown creditors appear after you have distributed the estate - if you have placed a statutory notice and the time has passed, you have done what the law requires.

Filing tax returns

You are responsible for ensuring all tax obligations are met. That includes:

• Final personal tax return for the deceased, covering the period from 6 April to the date of death
• Estate income tax - during the administration period, the estate may receive income (interest, rent, dividends). If this is significant, the estate may need to file a return and pay tax on it
• Capital gains tax - if assets are sold during the administration period at a gain above the estate's annual exempt amount, CGT may be due

Contact HMRC to notify them of the death and request any outstanding information about the deceased's tax position. Many executors use an accountant to handle this aspect of the administration.

Distributing the estate

Once all assets have been collected, debts paid, and tax obligations settled, you can distribute the estate to the beneficiaries according to the will. Get signed receipts from each beneficiary when you pay them, as these provide evidence that you have carried out your duties.

For residuary beneficiaries (those who receive "the rest" of the estate after specific gifts), you should prepare a final estate account showing all assets collected, all liabilities paid, and the calculation of their share. This is not legally required but is good practice and protects you if a beneficiary later queries the distribution.

Personal liability

Most people do not expect this part of the role. You can be personally liable if you:

• Distribute assets before all debts are paid and an unknown creditor later appears
• Pay beneficiaries incorrect amounts
• Pay the wrong person (for example, because the will was unclear)
• Fail to file required tax returns or pay tax on time
• Sell estate assets at undervalue without proper justification

This personal liability is why it is reasonable to take your time, and why getting professional help for complex estates is often worth it.

Claiming expenses

Executors are entitled to claim back reasonable out-of-pocket expenses from the estate - travel, postage, phone calls, professional valuations, and similar costs. Unless the will says otherwise, executors do not automatically receive payment for their time. A professional executor (such as a solicitor named in the will) is entitled to charge their professional fees if the will authorises this.

When to get professional advice

Many executors manage straightforward estates without professional help. Get legal or financial advice if:

• The estate is above the inheritance tax threshold and the IHT position is unclear
• A beneficiary or creditor is threatening to make a claim against the estate
• The will is ambiguous or contested
• The estate includes overseas assets, business interests, or assets held in trust
• You are a beneficiary as well as executor and there is potential for a conflict of interest

You do not have to hand the whole estate over to a solicitor - you can instruct them for specific tasks and manage the rest yourself. This is often the best balance of cost and peace of mind.