What does an executor of a Will do?

Posted on September 8, 2025

Being named as an executor in a Will is an important responsibility, and hopefully it’s a discussion you will have had with the testator (the person making the Will) beforehand, who has told you of their requests and what is expected of you.

Role of executor of will

As an executors role is to deal with the estate; the money, property, and possessions of the person who has died, making sure their wishes are carried out and that the law is followed and this includes but is not limited to the following:

Funeral arrangements and wishes
Contacting all relevant bodies – local authority, HMRC, DWP, banks/financial institutions
Paying off debts or collecting any monies owed to the estate
Paying any due inheritance tax in a timely manner to avoid fines
Reporting income to HMRC
Possibly selling property with the assistance of a conveyancer
Distributing and donating possessions and other personal belongings
And sometimes arranging for pets to be cared for or re-homed

Professional Will executor

Often, family members are chosen as executors and more than one can be selected, allowing for responsibilities to be shared. However, it's also common to appoint professionals such as solicitors or financial advisers, especially if the estate is large or complicated.

Lucy Roughley, Legal Adviser in our Private Client team says when people get professional help, it can smoothen the process and protect the individual when faced with time sensitive tasks and deadlines:

“Acting as an executor of a Will carries significant legal and financial responsibilities. Executors are personally liable for ensuring the estate is administered correctly, which includes paying debts, taxes, and distributing assets according to the Will,” she said.

“Even a small mistake – such as misinterpreting the Will, overlooking a creditor, or filing tax forms incorrectly – can expose an executor to personal claims from beneficiaries or HMRC.”

Executor responsibilities

As an executor of a Will you are responsible for:

Check the Will

Locate the most recent original Will and any amendments and familiarise yourself with who the beneficiaries are and what the estate consists of.

Register the death

The death must be registered within 5 days in England, Wales, and Northern Ireland (8 days in Scotland).

Obtain multiple death certificates as this can speed up the process and make life much easier for you. It’s always worth remembering that financial institutions and organisations often require originals.

Checking and applying for Probate

Probate is the legal authority to deal with the estate and an executor must apply for a Grant of Probate, a legal document giving them the authority to deal with the estate.

The Grant of Probate is needed unless: All assets are jointly owned (passing automatically to the survivor), or the estate is very small and institutions don’t require probate.

Your solicitor can do apply for Probate on your behalf and will need the Will, death certificate, estate valuation, and IHT forms and their professional fees form part of, and are paid by, the estate.

Secure and value the estate

Make sure the deceased’s property, valuables, and important documents are safe. Inform banks and building societies so accounts can be frozen.

List all assets (property, money, investments, possessions) and debts (loans, credit cards, bills) of the deceased's.

Obtain professional valuations for property and valuable items if necessary. The valuation will be needed for probate and inheritance tax (IHT) purposes.

Manage Inheritance Tax (IHT)

From the evaluation of the estate the executor should work out if IHT is due. Currently, estates below £325,000 (or £500,000 if property is owed which is passing to direct descendants such as children) may not pay tax and the necessary forms must be filed with HMRC, even if no tax is due.

Sometimes IHT must be paid before probate is granted and banks often release funds for this. It is always advisable to appoint a solicitor to steer you through the process, make sure deadlines are reached and the estate is managed accordingly.

Administor and distribute the estate

Once probate is granted it is necessary to collect in all assets, close off any accounts, or sell property, if that is required. Then the procedure is to pay off debts, bills, and taxes and remember to keep detailed records of all transactions.

The executor of the Will should then distribute what remains to the beneficiaries as set out in the Will, sometimes your probate solicitor may need to set up trusts or ongoing arrangements. Distributing the assets can more than just a financial transaction, personal possessions and specific wishes need to be adhered to and often family dynamics and emotional situations are involved.

Liability of executors

Executors can be held personally liable if mistakes are made, therefore it is advisable to keep accounts showing all money in and out of the estate.

“Taking legal advice provides clarity on duties, protects against personal liability, and ensures the estate is managed efficiently and lawfully. In many cases, what seems straightforward can involve complex issues of inheritance tax, trusts, or disputed assets, so seeking guidance at an early stage can prevent costly disputes later," added Lucy Roughley.

As an executor of a Will you may face legal challenges to estate or disputes over the Will that could lead to legal complications and delays.

How can we help?

For legal advice on making a Will or to apply for a Grant of Probate contact our private client solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.