Call us today08450347344
Call0845 034 7344

Duties of Executors

Affordable probate support

Who can be the executor?

The people legally allowed to deal with a deceased person's estate are generally referred to as the executors. By taking on these rights they also assume certain responsibilities and liabilities. These are the same as duties of administrators (where there is no will) and duties of personal representatives (which includes both executors and administrators). Here we will just call them executors.

The executors are responsible for distributing the estate of the person who has died in accordance with the terms of the deceased's Will.

Where there is no Will, the people who are responsible for the distribution of that person’s estate (called the intestate) are usually their next of kin. They are called administrators and their responsibilities are effectively the same as those of the executors. Instead of following what is written in a Will, they must follow rules laid down by parliament - the same rules cover who is entitled to be the administrator. For more information about those rules, see Dying Without a Will (Intestacy).

What the executors do

In order to distribute the estate, the executors will need to collate a full picture of the value and extent of the estate.

They must first pay any inheritance tax due. Once the grant of probate is received (or the letters of administration where there is no Will) they must collect in all the assets, pay all the debts and liabilities and then distribute the remaining estate in accordance with the terms of the Will or the intestacy law.

The executors and administrators are legally bound to carry out their duties properly. They are personally liable for any mistakes or incorrect distributions.

It is important to understand that the executors must carry out their duties comprehensively. In other areas of law, people often have to weigh up the advantages and disadvantages of a course of action, such as deciding whether the costs of taking action outweigh the benefit of winning. Executors must make as full enquiries as they are able and deal with all assets within the estate, no matter how small. This can involve carrying out probate searches with relevant institutions or placing legal notices in appropriate newspapers and other publications.

Executor duties in detail

  • Ascertain the whereabouts of the Will
  • Inform all institutions where the deceased held assets of the death. All accounts will then be frozen until a grant of probate is issued or letters of administration where there is no Will
  • Obtain proper valuations of all assets held by the deceased as at the date of death. Also obtain accurate assessments of all debts and liabilities of the deceased as at the date of death
  • Complete the inheritance tax returns on the basis of the information obtained, pay any inheritance tax due, obtain receipt if requested from HMRC and then apply to the Probate Registry for a grant of probate or of letters of administration
  • When the grant of probate or letters of administration is issued, collect in the assets of the deceased, pay the debts and liabilities of the estate, transfer particular assets to the beneficiaries, pay the relevant legacies and distribute the residue to the beneficiaries
  • Prepare detailed estate accounts
  • Prepare and file any necessary income tax returns.

(For more detail see Probate Explained, What is the probate process?)

Executor Responsibilities in Detail

These are the same as responsibilities of administrators (where there is no will) and responsibilities of personal representatives (which includes both executors and administrators). Here we will just call them executors:

  • Obtain proper valuations of the assets of the deceased as at the time of death.
    Take all proper steps to protect the assets of the deceased and to manage any business of the deceased.
  • Prepare and submit tax returns for inheritance tax and other taxes ensuring that all appropriate allowances, reliefs and write downs are applied for.
  • Obtain any relevant tax clearances before distribution of the estate.
    Pay and settle all debts owing by the deceased, including all taxes.
  • Complete and file all relevant documents for the court application for the grant of probate.
  • Ensure that the wishes of the person who died have been carried out as set out in the will.
  • Distribute the estate.
  • Prepare estate accounts for beneficiaries.

For more information about how our solicitors can help, see Our Services page and Why use a solicitor?

Contact our Probate Solicitors 

Our team of probate solicitors and accountants offer a friendly, efficient and comprehensive service. We take care of every detail, saving you stress and giving you time when you need it most. Call us to speak to a solicitor today on 0845 034 7344 or contact us via our online contact form.

Call now
08450347344
  • Responded very quickly to any questions and acted promptly to any requests. I would have no hesitation in recommending you to friends and family.
    Caroline C, Brighton
  • Many thanks for all your help, your service has been a great help to my Uncle at a very stressful time.
    Wendy B, Hertfordshire
  • Gave up to date notifications of progress and clear explanations for each stage of the procedure. A very personalised relationship between Probaters and myself.
    Brian S, Kent
  • Excellent service from beginning to end.
    Susan W, Somerset
  • Thank you for all your help in dealing with the estate of my Father and Step Mother, I couldn’t believe the amount of work you had to do to finalise everything and I’m extremely grateful.
    Susan C, East Sussex
  • I would recommend the service to anybody.
    Douglas P, Hertfordshire
  • I know there was a delay in arranging my Mother’s funeral. Nevertheless, I was amazed (and pleased) that you obtained probate on the same day.
    Joanne H, Essex
  • You dealt with the estate of my father and were always conscientious and efficient, and very good value…
    John Masters, Eastbourne
  • Thank you for all your help and for making things go so smoothly, I will certainly use you in the future.
    Rachel Eustace, Surrey
  • The estate was fairly complex, and you handled everything quickly and effectively. Thank you for all your help.
    Robert Lee, London W1
  • Thank you both so much for all your help and hard work. We are really grateful for your guidance, advice and expertise. You have both helped us enormously, at a time when we could not have appreciated it more.
    Sara K