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Being appointed as an executor is a position of trust and responsibility. While it can be an honour, it also comes with legal, financial, and administrative obligations that can feel overwhelming—particularly during a time of loss.
Executors are responsible for managing a deceased person’s estate, ensuring debts and taxes are paid, and distributing assets in line with the will and the law.
At Zavri Law, our wills, trusts, and probate specialists support executors at every stage of the process—helping you understand your role, avoid mistakes, and meet your legal duties with confidence.
Contact our Legal Assessment Team today for a free initial review, guidance, and a no-obligation quote for expert probate support.
What is an executor?
What are the main duties of an executor?
Do I need a solicitor to act as an executor?
Can an executor also be a beneficiary?
How do I value the estate?
What taxes must an executor pay?
What if the estate cannot pay its debts?
How are assets distributed?
What if a beneficiary cannot be found?
How long does the executor process take?
What if beneficiaries disagree?
Can I step down as executor?
What documents are needed?
How should digital assets be handled?
Can executors get professional help?
What is an executor’s year?
Can an executor charge fees?
An executor is the individual (or individuals) named in a will to manage and distribute the deceased person’s estate according to their wishes.
Their primary legal responsibility is to the beneficiaries named in the will.
If someone dies without a will, the person responsible for administering the estate is known as an administrator. While the title is different, the role and responsibilities are largely the same.
An executor has legal authority over the estate and can be held personally accountable for errors or failures to comply with the law.
Key responsibilities include:
Keeping accurate estate accounts
Paying outstanding debts and liabilities
Determining whether Inheritance Tax is due
Completing and submitting HMRC tax forms
Paying Income Tax and Capital Gains Tax where required
Applying for a Grant of Probate
Informing banks and financial institutions of the death
Valuing assets and distributing them in line with the will
Attending court if required
Executors may also be responsible for:
Locating the original will
Registering the death
Informing beneficiaries and relevant organisations
Overseeing funeral arrangements
You are not legally required to instruct a solicitor. However, estate administration is technical and mistakes can lead to delays, disputes, or personal liability.
A solicitor can help by:
Ensuring legal compliance at every stage
Completing probate and tax paperwork correctly
Reducing delays and errors
Acting as a neutral party during family disagreements
Zavri Law offers clear, affordable legal support for executors who want reassurance and professional oversight.
Yes. It is very common for an executor to also inherit under the will.
The key requirement is that the executor must act fairly and impartially, even where personal interests are involved. If disputes arise, professional legal advice is strongly recommended.
Estate valuation involves identifying:
Assets, such as:
Property
Bank accounts
Investments
Personal belongings
Liabilities, such as:
Mortgages
Loans
Credit cards
Unpaid bills
The estate value is calculated by subtracting liabilities from assets.
Professional valuations may be required for property, businesses, or specialist assets.
Executors are responsible for calculating and paying taxes due from the estate, including:
Inheritance Tax
Income Tax
Capital Gains Tax
Even if no tax is ultimately payable, reporting obligations still apply. Late or incorrect filings can result in penalties.
If the estate has more debts than assets, it is considered insolvent.
Executors must follow a strict legal order when paying creditors and must not distribute assets to beneficiaries until all liabilities are settled.
Priority usually follows this order:
Secured debts (e.g. mortgages)
Funeral expenses
Administration costs
Taxes
Unsecured debts
If funds are insufficient, creditors in the same category are paid proportionally.
In some cases, an Insolvency Administration Order may be required.
Before distributing assets, you must obtain a Grant of Probate.
Once debts and taxes are settled, you can:
Distribute specific gifts and legacies
Transfer or sell assets
Allocate the remaining estate according to the will
This may involve transferring property, selling investments, or paying beneficiaries directly.
Executors must take reasonable steps to locate all beneficiaries.
If searches are unsuccessful, options may include:
Using professional tracing services
Advertising publicly
Applying to the court for guidance
In some cases, a missing beneficiary’s share is held in trust. If unclaimed long-term, it may pass to the Bona Vacantia division of the government.
Most estates are completed within 6 to 12 months, though complex estates or disputes can take significantly longer.
Disputes can delay administration and increase legal risk.
Executors should:
Remain neutral
Avoid taking sides
Seek legal advice or mediation early
If beneficiaries challenge the executor’s actions, specialist probate advice is essential.
Yes. An executor can step down by signing a Deed of Renunciation, provided they have not already started administering the estate.
If no executor remains, a beneficiary may apply to administer the estate instead.
Commonly required documents include:
The original will
Death certificate
National Insurance details
Financial account information
Property title deeds
Probate and HMRC forms
Digital account access details
Digital assets may include:
Online accounts
Email and cloud storage
Social media profiles
Cryptocurrencies
Executors should:
Identify digital assets
Secure access where authorised
Notify service providers
Value and distribute assets in line with the will
Yes. Many executors choose professional support to reduce stress and legal risk.
Solicitors can assist with:
Probate applications
Tax compliance
Estate distribution
Dispute resolution
Accountants can help with valuations and tax reporting.
Zavri Law provides end-to-end executor support tailored to your needs.
An executor’s year is the 12-month period following death during which estate administration is expected to be completed.
After this period:
Beneficiaries may demand payment
Interest may accrue on unpaid legacies
Complex estates may justifiably exceed this timeframe.
Executors may charge if the will permits it
Professional executors usually charge agreed fees
Non-professional executors can reclaim reasonable expenses
Clear records should always be kept.
At Zavri Law, we understand how demanding the executor role can be.
Our probate specialists provide clear, practical support—from probate applications to final distribution—so you can carry out your responsibilities with confidence.
Contact our Legal Assessment Team today for a free review and a no-obligation quote.
This content is for general information purposes only and does not constitute legal advice. For advice specific to your situation, please speak with a qualified solicitor.
