Executor Duties Explained
Being named as an executor of a will is both a privilege and a serious legal responsibility. Executors are entrusted with managing a deceased person’s estate and ensuring their wishes are carried out correctly and lawfully.
The process can feel overwhelming—particularly at an emotional time. From handling legal paperwork to managing finances and communicating with beneficiaries, executor duties require organisation, care, and a clear understanding of probate law.
At Zavri Law, our wills, trusts, and probate lawyers are here to support executors at every stage—helping you understand your responsibilities, avoid costly mistakes, and administer the estate with confidence.
📞 Contact our Legal Assessment Team today for a free initial review, guidance, and a no-obligation quote for expert probate support.
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What is an executor?
What are an executor’s main duties?
Do I need a solicitor as an executor?
Can an executor also be a beneficiary?
How is an estate valued?
What taxes must an executor pay?
What if the estate has more debts than assets?
How does an executor distribute assets?
What happens if a beneficiary cannot be found?
How long does probate take?
What if beneficiaries dispute the will?
Can I step down as executor?
What documents are needed to manage an estate?
How should executors deal with digital assets?
Can executors get professional help?
What is an executor’s year?
Can executors charge for their time?
What Is an Executor?
An executor is the person (or people) appointed in a will to manage and distribute a deceased person’s estate in line with their wishes.
Executors have a legal duty to act in the best interests of the beneficiaries named in the will.
If someone dies without a valid will, the person managing the estate is known as an administrator. While the title differs, the responsibilities are largely the same.
What Are the Main Duties of an Executor?
The executor’s core role is to ensure the estate is administered lawfully and distributed according to the will.
Executors are legally accountable for their actions and can be personally liable for mistakes.
Typical executor responsibilities include:
Keeping accurate estate accounts
Identifying and paying debts owed by the estate
Calculating, reporting, and paying Inheritance Tax (if due)
Paying any Income Tax or Capital Gains Tax owed
Applying for a Grant of Probate
Informing banks and financial institutions of the death
Valuing and distributing assets in line with the will
Attending court hearings if required
Executors may also need to:
Locate the original will
Register the death
Inform beneficiaries and close relatives
Make or oversee funeral arrangements
Do I Need a Solicitor to Act as an Executor?
You are not legally required to instruct a solicitor when acting as an executor. However, legal support is often advisable—particularly for complex estates or where disputes may arise.
A solicitor can help by:
Ensuring probate paperwork is completed correctly
Preventing delays and costly errors
Acting as a neutral party if conflicts arise
Advising on tax obligations and estate liabilities
Zavri Law can assist with as much or as little of the executor role as you need.
Can an Executor Also Be a Beneficiary?
Yes. It is common for an executor to also inherit under the will.
Executors must still act fairly and avoid conflicts of interest. If disagreements or challenges arise, legal advice can help protect both the executor and the estate.
How Do I Value the Estate?
To value an estate, you must calculate:
Assets – property, bank accounts, investments, valuables
Liabilities – mortgages, loans, credit cards, unpaid bills
The estate value is the total assets minus total liabilities.
Professional valuations may be required for property, businesses, or specialist assets.
What Taxes Does an Executor Need to Pay?
Executors are responsible for handling taxes owed by the estate, including:
Inheritance Tax
Income Tax
Capital Gains Tax
Even if no tax is ultimately due, accurate reporting and timely submissions are essential to avoid penalties.
What If the Estate Cannot Pay Its Debts?
If an estate cannot meet all its liabilities, it is classed as insolvent.
Executors must follow a strict legal order when paying debts and must not distribute assets to beneficiaries first.
Debt priority generally follows this order:
Secured debts (e.g. mortgages)
Funeral expenses
Administration costs (e.g. probate fees)
Taxes
Unsecured debts
If funds are insufficient, creditors within a category are paid proportionally.
In some cases, an Insolvency Administration Order may be required to manage the estate correctly.
How Does an Executor Distribute Assets?
Before distributing assets, the executor must obtain a Grant of Probate.
Once all debts, taxes, and expenses are settled:
Specific gifts and legacies are distributed
The remaining estate (the residue) is allocated according to the will
This may involve selling assets or transferring them directly to beneficiaries.
What If a Beneficiary Cannot Be Found?
Executors must make reasonable efforts to locate all beneficiaries.
Steps may include:
Contacting known relatives
Using professional tracing services
Placing public notices
If a beneficiary cannot be found, the court may provide instructions. Their share may be held on trust or, after a prolonged period, pass to the Crown under bona vacantia rules.
How Long Does the Executor Process Take?
Most estates are administered within 6–12 months, though complex estates or disputes can take longer.
What If Beneficiaries Disagree?
Executors must remain impartial at all times.
If disputes arise:
Avoid taking sides
Seek legal advice promptly
Consider mediation to resolve conflicts
In serious cases, beneficiaries may apply to remove an executor, making early legal guidance crucial.
Can I Renounce My Role as Executor?
Yes. Executors can step down by signing a Deed of Renunciation, provided they have not already begun administering the estate.
If there is no remaining executor, a beneficiary may apply to administer the estate instead.
What Documents Are Needed to Manage an Estate?
Executors typically need access to:
The original will
Death certificate
National Insurance details
Bank and financial account information
Property title deeds
Probate and HMRC forms
Digital account access details
How Should Executors Handle Digital Assets?
Digital assets may include:
Online bank accounts
Cryptocurrencies
Email and social media accounts
Cloud storage
Executors should:
Identify all digital assets
Follow instructions in the will
Contact service providers with proof of authority
Arrange valuations or transfers where necessary
Can Executors Get Professional Help?
Yes. Executors can—and often should—seek professional assistance.
Support may include:
Solicitors for probate and disputes
Accountants for tax and valuations
Estate administration services
Zavri Law offers tailored support to help executors manage estates efficiently and safely.
What Is an Executor’s Year?
An executor’s year is the 12-
month period following death during which executors are expected to complete estate administration.
If the process exceeds this timeframe, beneficiaries may request distributions or interest on legacies—though complex estates often require more time.
Can Executors Charge for Their Services?
Executors may charge only if the will allows it
Professional executors usually charge agreed fees
Non-professional executors can reclaim reasonable expenses
Detailed records should always be kept to avoid disputes.
Get Expert Help with Executor Duties
Acting as an executor can be demanding and legally complex. Zavri Law’s probate specialists provide clear, practical support at every stage of estate administration.
📞 Contact us today for a free assessment and a no-obligation quote for expert probate assistance.
Disclaimer
This content is for general information purposes only and does not constitute legal advice.
Every estate is different, and professional legal advice should be sought for your specific circumstances.