What Executors Actually Do: A Practical Guide

The thing I see families get wrong most often is treating "executor" like it is an honorary title. It is not. An executor is the person named in your Will who takes legal responsibility for sorting out your entire estate after you die, from closing bank accounts to selling the house to making sure your grandchildren actually get what you promised them.

I genuinely think most people picture a couple of phone calls and a signature after the funeral. In my experience it is closer to an unpaid part-time job that drags on for months, with the lovely bonus that you are personally on the hook if you get something wrong. Not the estate paying for your mistake. You, out of your own savings. That surprises people every single time.

The worst pattern I keep running into is someone agreeing to be executor at a family barbecue without the faintest idea what they have signed up for. Years later, when the person actually dies, they discover the reality and panic. Nobody should accept this role without a proper conversation, and frankly nobody should ask someone to take it on without explaining face to face what it involves.

You can name up to four executors in England and Wales, and I would argue two is the magic number for most families. They share equal authority and equal responsibility unless the Will says otherwise. Where someone dies without a Will there is no executor at all, and the court appoints an "administrator" under the intestacy rules instead, which in my experience is slower, pricier, and something every family wishes they had avoided.

I think people underestimate how many separate legal obligations sit on the executor's shoulders. It is not one job, it is about eight jobs stacked on top of each other.

Securing the estate

This is the one that catches people out fastest, in my experience. From the moment of death, the executor is responsible for safeguarding everything the deceased owned. That means securing property, changing locks, redirecting post, notifying banks. I have heard too many stories of valuables going missing during funeral gatherings because nobody thought to lock a bedroom door. If something disappears on the executor's watch, the executor answers for it. Harsh but true.

Valuing the assets

I find this stage takes twice as long as anyone budgets for. Every single asset must be identified and valued: bank accounts, investments, property, pensions, life insurance, business interests, vehicles, jewellery, collections, even debts owed to the deceased. In practice you are writing to every financial institution the person ever dealt with and arranging professional valuations for property and high-value items. HMRC needs the lot for Inheritance Tax purposes, and undervaluing something is exactly the kind of shortcut that triggers an investigation.

Paying debts and taxes

This is where I think the biggest risks hide. Before any beneficiary sees a penny, the estate's debts must be cleared: credit cards, mortgages, outstanding bills, Inheritance Tax if applicable. There is also a legal obligation to advertise for creditors in the London Gazette and a local newspaper, giving unknown creditors at least two months to come forward. Skipping that step is, in my opinion, the single most dangerous thing an executor can do, because a creditor who surfaces later can pursue the executor personally for the money.

Applying for probate

This is the formal process of proving the Will is valid and getting court authority to deal with the estate. It gets its own section below because it deserves one.

Distributing the estate

Once debts are paid, taxes settled, and the creditor waiting period has run, the executor distributes what remains according to the Will. Specific gifts go first (the watch to a nephew, five thousand to a charity), then the residuary estate is divided by the percentages stated. I always tell executors to prepare detailed estate accounts showing every pound in and every pound out, because beneficiaries are entitled to inspect them and they absolutely will.

Record keeping

I cannot stress this enough: meticulous records are the executor's best friend. Every payment, receipt, letter, and valuation, kept for years if necessary. When a dispute kicks off, and in my experience about a third of estates generate at least one disagreement, those records are the executor's primary defence.

Probate is essentially the court giving you the green light: confirming the Will is valid and that you have the legal authority to deal with the estate. Without a Grant of Probate, banks will not release assets. Some small accounts under about five thousand pounds can sometimes be accessed without it, but anything of real value requires the Grant.

How to apply

I always recommend the online route through GOV.UK, even for people who are not confident with computers. Online applications are currently processed in around four weeks. Paper applications take roughly fifteen weeks. That gap alone is, in my view, worth sitting down with a younger relative for half an hour to navigate the online system. Four weeks versus fifteen is not a small difference when a grieving family is waiting.

What it costs

The application fee is £300 for estates valued above £5,000, and below that threshold there is no fee. Here is where I think people consistently get caught out: certified copies of the Grant cost £16 each, which jumped from £1.50 in November 2025. You need a copy for every bank, building society, insurer, and pension provider involved. For an estate touching six or seven institutions, that many copies is the minimum. I have seen executors order two copies thinking they can send them round sequentially, then lose months to the back-and-forth. Order plenty upfront.

What you need to apply

The original Will, the death certificate, full details of the estate's value covering property, savings, investments, and debts, plus information about any Inheritance Tax liability. Where IHT is due, the IHT400 form typically needs to go to HMRC before or alongside the probate application.

A word on timing

I have watched executors rush the application and regret it badly. Getting the estate valuation wrong, particularly by undervaluing property or overlooking a forgotten savings account, creates problems weeks later that are far harder to untangle than simply taking another week to confirm the figures at the start. Patience at this stage is not laziness. It is common sense.

Longer than anyone wants to hear, and I think professionals in this industry are sometimes guilty of sugar-coating it.

A straightforward estate with a valid Will, cooperative beneficiaries, no property to sell, and no Inheritance Tax complications typically runs six to nine months from death to final distribution. In my experience, most estates involving a house take closer to a year, sometimes longer. That is the honest answer people deserve upfront.

Property sales add however long the conveyancing takes. Inheritance Tax forms and HMRC clearance add weeks. An untraceable beneficiary can stall everything. A contested Will can freeze the estate for years while solicitors argue back and forth. I have seen estates wrap up in five months and others grind on for three years. The variables that matter most, in my opinion, are how organised the deceased was, how tangled their finances were, and whether the family can cooperate without turning every decision into a battlefield. That last one is a bigger factor than anyone likes to admit.

The two-month creditor notice period

After the statutory advertisements for creditors are placed, no distribution should happen for at least two months. I know beneficiaries get impatient, but this is not optional. It is the executor's legal shield against unknown debts surfacing after the money has been handed out. Distribute early to keep the peace and you are gambling with your own money if a creditor appears.

HMRC clearance

Where an Inheritance Tax return has been submitted, HMRC can take months to review and confirm the position. Until formal clearance arrives, distributing carries risk. I always advise executors to wait for it, because the downside of patience is a few more weeks of boredom while the downside of haste is personal liability. Not a difficult call.

Yes, and honestly I think more people should consider it before automatically saying yes.

The formal process is called "renunciation." You complete Form PA15 from GOV.UK, sign it, and file it with the Probate Registry. Once filed, the role passes to any other executors named in the Will, or if none remain, to the next person entitled under the Non-Contentious Probate Rules, which is usually the main beneficiary.

There is one condition I think trips people up constantly. Renunciation is only available if you have not already "intermeddled" with the estate. Intermeddling means taking any step that looks like you have started acting as executor: paying a bill from the estate account, contacting a bank about the deceased's assets, instructing a solicitor on the estate's behalf. Any of those could be enough to close the door on renunciation. At that point you would need a court order to be released, which is harder and more expensive. So if you are even slightly unsure, do not touch anything until you have decided.

Why people say no

More often than you would think, and I completely respect it. The role is time-consuming, stressful, and unpaid. Some people honestly do not feel up to it, and that is a perfectly valid reason. Others live abroad and cannot manage the logistics from a distance. In some families the dynamics are so fraught that stepping in as executor would place you directly in the path of arguments you want nothing to do with.

This is exactly why I believe the conversation before the Will is written matters more than almost anything else. An executor who agreed in advance, knowing what the role actually involves, is far less likely to renounce than someone who only discovers their appointment after the person has died. Being named executor is a significant ask. In my view it deserves a proper sit-down conversation, not a passing mention over Christmas dinner.

Joint executors

I think two executors is the sweet spot for most families, and I would push back on anyone who suggests otherwise. The workload is substantial, and splitting it between two people, one handling the financial side while the other sorts the property, speeds things up and spreads the mental load. They hold equal authority and must agree on decisions, which can occasionally cause friction, but in my experience the benefit almost always outweighs the inconvenience.

All joint executors must apply for probate together, and any who do not wish to act must formally renounce. One cannot just crack on alone unless the Will specifically allows it or the other has renounced. On numbers: you can name up to four executors, but I genuinely think more than two creates coordination headaches without adding proportionate value. Getting four adults to respond to the same email within a reasonable timeframe is harder than it sounds.

Professional executors

A professional executor, typically a solicitor, accountant, or specialist trust company, brings expertise and objectivity. That second quality is the one I think matters most when the estate is large, the family relationships are strained, or the assets include business interests, overseas property, or trusts.

The cost is the trade-off, and I want to be upfront about it. Solicitors charge either an hourly rate (£150 to £400 depending on firm and location) or a percentage of the estate value, often between 1% and 5% plus VAT. On a £500,000 estate, fees could land anywhere from £5,000 to £25,000. That comes from the estate before beneficiaries see anything.

When a professional executor makes sense

In my opinion, you should seriously consider one for estates involving business succession, overseas assets, trusts, Inheritance Tax planning, or a realistic prospect of a contested Will. In those situations a professional earns their fee several times over. And where family relationships are difficult, an impartial professional removes the executor from the line of fire entirely. No emotional stake in the outcome. That is the whole point.

The combination approach

For moderately complex estates, I think the best setup is often a trusted family member alongside a professional executor. The family member knows the deceased's wishes and understands the personal context. The professional handles the legal and financial mechanics. Neither carries the full burden alone, and it plays to each person's strengths in a way that I have seen work brilliantly in practice.

I have seen enough estate administrations go sideways to know that "I didn't know" is not a defence the courts have any patience for. These are the mistakes I think cause the most real damage.

Personal liability

This is the one I wish every executor understood on day one. If you distribute the estate incorrectly, pay the wrong amount of tax, miss a creditor, or fail to advertise for debts properly, you can be held personally liable for the shortfall. Your own savings, your own pocket. I know of executors pursued for tens of thousands of pounds because they distributed too quickly and a creditor surfaced afterwards. The statutory advertisements in the London Gazette and a local paper exist specifically as your protection. Place them. Wait the two months. No amount of family pressure is worth skipping this step.

Mixing estate money with personal funds

I feel strongly about this one: open a separate estate bank account immediately. Every penny of estate money flows through that account, not through your personal current account. Mixing funds, even temporarily, even with completely innocent intentions, invites allegations of mismanagement. When a beneficiary later asks where the money went, you need clean records showing the path of every pound. No ambiguity.

Distributing too early

Pressure from family members is completely understandable, and I sympathise with it. But distributing before debts are settled, before the creditor notice period has expired, before HMRC has confirmed the tax position, is where I have seen executors land in serious trouble. If a debt surfaces after distribution and the estate cannot cover it, the creditor pursues the executor. You personally.

Failing to keep proper records

In my experience, sloppy paperwork and actual dishonesty look identical from the outside, and that should worry every executor. Document every decision: why a particular valuation was accepted, why one estate agent was chosen over another, why a certain sale price was agreed. Beneficiaries have the right to request a full accounting, and if you cannot produce one, suspicion falls on you regardless of whether you did anything wrong.

Ignoring the Will's terms

I have watched executors deviate from the Will because a family member pressured them or because they believed they knew what the deceased "really" wanted. "Mum would have wanted it this way" is not a legal argument, and in my view it is the start of almost every avoidable estate dispute. The executor follows the Will as written. If the Will directs that the house goes to the eldest child, it goes to the eldest child. Your personal views on fairness do not come into it.

Not seeking professional advice when needed

No rule says you have to handle everything alone, and I think there is a strange pride that stops some executors from asking for help. For complicated estates, instructing a solicitor for probate, Inheritance Tax, or property transfers is not an admission of failure. The cost of professional help almost always falls well short of the cost of correcting a mistake that a professional would have spotted in ten minutes.

This is the part I think shocks people most. In England and Wales, executors are not automatically entitled to a single penny of payment. Weeks or months of genuine work, real legal exposure, and the default position is that you do it for nothing. Unless the Will says otherwise, or every beneficiary agrees to pay you, that is the deal.

Expenses

The one saving grace is that out-of-pocket expenses are recoverable from the estate. Travel to the deceased's property, postage, phone calls, valuation fees, court fees, storage costs. Anything you genuinely spent while administering the estate can be claimed back, provided you have receipts. In my experience, reasonable expenses are rarely challenged as long as you can show what they were for.

When the Will authorises payment

Some Wills include a "charging clause" allowing the executor to charge for their time. This is standard when a professional executor is named, because solicitors and trust companies are obviously not going to work for free. Where the Will lacks a charging clause and the executor is a professional, they can ask the beneficiaries for permission, but the beneficiaries are within their rights to refuse.

Professional executor fees

I think transparency around fees is something the industry needs to improve. Solicitors typically charge either an hourly rate or a percentage of the estate value, and percentage-based charging is more common for larger estates. Some firms charge 2% of the gross estate regardless of actual complexity. On a million-pound estate, that is £20,000 plus VAT before anyone else sees a penny. My advice: if you are appointing a professional executor, ask for a fee estimate upfront and get the charging basis written into the Will.

Legacy payments

Some people leave their executor a specific gift in the Will as a thank-you: a few hundred pounds, a piece of jewellery. Perfectly legal and reasonably common. I think it is a kind gesture that recognises the effort without creating a formal fee structure.

The reality for most lay executors

The honest truth is that most lay executors do the job out of duty. They were asked by someone they cared about, they agreed, and they see it through without pay. That is exactly why I believe the upfront conversation matters so much. If you are naming someone as your executor, they deserve to know what the role involves, that it is unpaid, and that they can decline before it is too late to choose someone else.

I think this decision receives about a tenth of the thought it deserves. The default is a spouse, or the eldest child, or a close friend, often without any real consideration of whether that person is actually suited to what the role demands. In my experience, picking the wrong executor causes more avoidable grief than almost any other estate planning mistake.

What makes a good executor

Organisation above everything, in my opinion. The ability to manage paperwork, chase institutions that take weeks to reply, keep records, and track deadlines that nobody warned you about. Emotional resilience matters too, because the executor is managing the financial aftermath of someone's death while potentially grieving themselves. Basic financial literacy helps, though you do not need to be an accountant.

Trustworthiness goes without saying. But availability is a separate question that I think gets overlooked constantly. Someone who travels for work, lives overseas, or is dealing with their own health difficulties may simply not have the capacity for a role that can take over your life for the better part of a year.

Practical tips

Name two executors, because I have seen what happens when the only named executor cannot or will not act. Sit them down before the Will is finalised and explain the role properly. Make sure they know where the Will is stored, who the solicitor is, and where to find key financial documents.

Consider family dynamics carefully. In my experience, naming two children who do not get along as joint executors is asking for gridlock. Every decision requires agreement, and an estate that should take nine months can stretch to years when executors cannot cooperate. It happens regularly and it is entirely preventable with five minutes of honest thought.

Review the choice every few years. The person who was right for the role at 55 might not be at 75. Circumstances shift, health changes, relationships evolve. I think the Will should keep pace with real life, not sit in a drawer gathering dust for decades.

I think this scenario frightens families more than almost anything else in estate planning, and honestly it should. If no executor is named in the Will, or every named executor has died, renounced, or cannot act, the estate does not magically sort itself out. The court has to step in.

An "administrator" is appointed instead of an executor. The legal document issued is a Grant of Letters of Administration (with Will annexed) rather than a Grant of Probate. The duties are basically the same, but the appointment process takes longer, which in my experience is the last thing a grieving family needs.

Priority for who may apply follows a fixed order: the executor's own personal representatives if the executor died after the testator, then the Will's beneficiaries in a set sequence, then creditors of the estate. In practice a close family member usually steps forward, but they must apply and wait at a time when waiting feels unbearable.

Where someone dies without a Will entirely, the full intestacy rules apply, and I think the outcomes are often genuinely shocking to families. No executor. No instructions. The court determines who administers the estate and who inherits. The intestacy rules divide assets according to a rigid statutory formula that, in my opinion, bears little resemblance to what most people would actually want. Unmarried partners receive nothing. Close friends receive nothing. Charities that mattered deeply to the deceased receive nothing. The rules do not account for relationships or intentions, only legal status.

Which brings things back to what I believe is the simplest and most important step in estate planning. Name an executor in your Will. Name a backup. Confirm that at least one is willing and able to serve. It is among the easiest things you can do to make life less painful for the people you leave behind.

If you have just learned you are the executor of someone's Will, I know the volume of tasks feels overwhelming. Here is the sequence I think works best, based on watching hundreds of estates go through this process.

In the first few days:

Register the death and order multiple copies of the death certificate, because banks, insurers, and the probate application will each need one. More copies than you would expect. Locate the original Will. Secure the deceased's property. I always suggest asking the bank to freeze accounts to prevent fraud, but notify utility companies first since direct debits will stop.

In the first few weeks:

Begin identifying all assets and debts, and brace yourself because this is where I think the real slog begins. Write to banks, building societies, pension providers, insurance companies, and HMRC. Arrange a professional property valuation if real estate is involved, because estimates are not good enough. Place the statutory advertisements for creditors in the London Gazette and a local newspaper. This starts the two-month waiting period that protects you personally.

Within the first two months:

Complete the Inheritance Tax forms if applicable (IHT205 for exempt estates, IHT400 for taxable ones). Apply for probate online if at all possible, because in my experience the four-week turnaround is massively quicker than the fifteen weeks for paper applications. Gather what the application requires: original Will, death certificate, estate valuation, IHT reference number.

After the Grant of Probate is issued:

Send certified copies to every institution holding assets. Collect the estate's funds into the estate bank account. Settle outstanding debts and taxes. Wait for the creditor notice period to expire. I know waiting feels pointless at this stage, but patience here protects you directly and it is the hill I would die on.

Final distribution:

Prepare estate accounts. Distribute specific legacies first, then the residuary estate according to the Will's percentages. Obtain receipts from beneficiaries confirming what they received. Retain records for at least twelve years, which is the limitation period for most claims against an estate.

Throughout all of this, professional help is available and I think underused. Probate solicitors handle estates daily. They can take on whichever parts you are not comfortable managing. The estate pays their fees. That is what the estate is for.

This article provides general guidance on the role of executors in England and Wales. It is not legal advice and should not be relied upon as such. The law relating to probate, Inheritance Tax, and estate administration is subject to change. Figures and timescales quoted (including probate processing times and fees) are accurate as of April 2025 but may vary depending on individual circumstances and changes to government processes or fee schedules.

If you are an executor dealing with a complex estate, or if you have concerns about your duties or personal liability, we strongly recommend seeking professional legal advice.

Keystone Estate Planning is an estate planning service, not a law firm. We provide Will-writing and Lasting Power of Attorney services to help individuals and families across the UK plan for the future.