Probate · 11 min read · Published
Executor duties explained: your responsibilities and where to get help
What an executor must do and the personal liability that comes with the role. It also covers how to renounce and when to get help.
By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.
This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.
Guides · Probate · No. 15 of 21Published · 11 minutes
Being named as an executor in someone's will is a mark of trust. It also carries real legal duties. This guide explains what an executor does, the steps involved and when it makes sense to get help.
What an executor is
The executor makes sure the wishes in the will are carried out. That runs from securing the house to filing tax returns and paying the inheritance to the right people.
The work usually takes from six months to more than a year, depending on the estate.
Your key responsibilities as executor
The Executor's Tasks in Order
- Find and secure the willFind the original will, check it is the latest version and keep it safe. Ask the solicitor who drew it up, the bank or the Probate Service.
- Register the death and arrange the funeralAny family member can do this, but the executor often takes the lead. Follow any funeral wishes in the will.
- Identify and value all assetsList everything the person owned: property, bank accounts, investments, pensions, vehicles and possessions. Get professional valuations where needed. Also ask about any gifts the person made in the seven years before death, as these can affect inheritance tax.
- Identify all debts and liabilitiesCheck for mortgages, credit cards, loans, utility bills and unpaid tax. Place statutory notices in The Gazette and a local newspaper to protect yourself against unknown creditors.
- Apply for the grant of probateIf a full inheritance tax account (IHT400) is needed, send it to HMRC first. Any tax due, apart from tax payable by instalments, is usually paid at this stage too (see the next step). HMRC then sends a code you need before applying. If no full account is needed (an 'excepted estate'), the estate values go in the application itself. Then send the application to HM Courts and Tribunals Service with the court fee. The fee is £526 for an estate worth more than £5,000, and nothing for £5,000 or less.
- Pay inheritance tax (if it applies)Inheritance tax is due by the end of the sixth month after the month of death. Interest runs after that. Tax on property can be paid in yearly instalments, but the rest must usually be paid before you apply for probate.
- Collect the assetsWith the grant, contact the banks, building societies and other institutions and collect the money and assets.
- Pay debts and expensesPay the funeral costs, legal fees and every other debt of the estate. If the estate cannot pay all its debts in full, the law sets the order in which they are paid. Paying creditors in the wrong order can make the executor personally liable.
- Prepare estate accountsKeep a record of every sum received and paid out. Prepare estate accounts for the beneficiaries.
- Distribute the estateOnce the debts are paid and the accounts are approved, pay out what is left to the beneficiaries as the will says. Wait until the creditor notice period of at least two months has ended. Executors also usually wait six months from the grant before the final payout. That is the normal time limit for a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Paying out earlier can leave the executor personally liable if a claim is then made.
Personal liability
This is the main reason people instruct a solicitor. A solicitor takes on the work and reduces your personal risk.
Common mistakes that lead to executor liability:
- Paying out the estate before the notice period for creditors has run
- Missing the inheritance tax deadline, so interest is charged
- Valuing assets wrongly, so the tax return is wrong
- Not following the will's instructions
- Selling property for less than market value
- Favouring one beneficiary over another
Refusing to be an executor
You can refuse. Being named in a will does not force you to act. You can formally renounce the role, provided you have not already started acting (called intermeddling).
You might renounce if:
- The role is too much given your health or circumstances
- There is a conflict of interest between you and the beneficiaries
- You live far from where the estate must be dealt with
- The estate is complicated and you do not feel able to handle it
Doing Probate Yourself vs Instructing a Solicitor
| Doing Probate Yourself | Instructing a Solicitor |
|---|---|
| No legal fees (the court fee and inheritance tax still apply) | A fixed fee for grant only probate or for full administration, published on the fees page |
| Full control | The solicitor handles the paperwork, tax and distribution |
| Many hours of your own time over several months | Frees your time while you are grieving |
| Personal liability for mistakes | Lowers the risk of mistakes that create personal liability |
| Suits a simple estate with no property and no disputes | Suits a complicated estate, property or a family dispute |
Executor support in East Yorkshire
If you are named executor for someone in Bridlington, Driffield, Scarborough or anywhere in East Yorkshire, Aaron can help. His probate fees are fixed and shown on the fees page, so you know the cost before work starts.
Most executor clients are grieving relatives who want someone they can trust to take the work on. Aaron handles estates of every size, from a simple estate to one with property, business assets and inheritance tax.
Sources
The official pages behind the rules this guide explains. Each was checked on .
Trustee Act 1925, section 27: Protection by means of advertisements
legislation.gov.uk
Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 20 March 2026 · Ends
