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Probate · 11 min read · Published

Executor Duties Explained: Your Responsibilities and Where to Get Help

What an executor must do, the personal liability that comes with the role, how to renounce and when to get help.

By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.

Two copies of one document on a pale desk, one lying flat and one folded into a bundle under a brass clip with terracotta tabs at its edge, and an opened envelope beside them.

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

  1. 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.
  2. 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.
  3. Identify and value all assetsList everything the person owned: property, bank accounts, investments, pensions, vehicles and possessions. Get professional valuations where needed.
  4. 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.
  5. Apply for the grant of probateSend the application to HM Courts and Tribunals Service with the inheritance tax forms and the court fee (£526 for an estate worth more than £5,000; nothing below that).
  6. 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 the grant is issued.
  7. Collect the assetsWith the grant, contact the banks, building societies and other institutions and collect the money and assets.
  8. Pay debts and expensesPay the funeral costs, legal fees and every other debt of the estate.
  9. Prepare estate accountsKeep a record of every sum received and paid out. Prepare estate accounts for the beneficiaries.
  10. Distribute the estateOnce the debts are paid and the accounts are approved, pay out what is left to the beneficiaries as the will says.

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 YourselfInstructing 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 controlThe solicitor handles the paperwork, tax and distribution
Many hours of your own time over several monthsFrees your time while you are grieving
Personal liability for mistakesReduces your personal liability
Suits a simple estate with no property and no disputesSuits a complicated estate, property or a family dispute

Executor Support in East Yorkshire

If you have been 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.

Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 20 March 2026 · Ends

Questions

Questions people ask about this.

General answers for England and Wales. What applies to you depends on your circumstances.

What are the legal duties of an executor?

Find the will, register the death, apply for probate, value and collect the assets, pay the debts and tax, prepare estate accounts and pay out the estate to the beneficiaries. Executors must act in the beneficiaries' best interests and can be personally liable for mistakes.

Can an executor also be a beneficiary of the will?

Yes, and it is common. A spouse or adult child is often both executor and main beneficiary. There is no legal conflict, but the executor must still treat every beneficiary fairly.

How long does an executor have to settle an estate?

There is no fixed legal deadline, but executors are expected to finish within a reasonable time, often called the 'executor's year'. Beneficiaries can go to court over unreasonable delay. Inheritance tax is due by the end of the sixth month after the month of death, and interest runs after that.

Do executors get paid for their work?

Executors can claim reasonable out-of-pocket expenses (travel, postage, valuations) from the estate. In England and Wales they are not paid for their time unless the will says so. A professional executor, such as a solicitor, charges fees that are paid from the estate.

Next step

Four ways to start. Take the one you are comfortable with.

Or call 01262 310 850. Monday to Friday, 9am to 5.30pm.

  1. 01No commitment
    Find your plan and price

    Sixty seconds of questions that end on a named plan and a fixed fee, with VAT. No call needed.

  2. 02Low commitment
    Download a longer guide

    PDFs from Safe Harbour Legal to keep and read later. No email address needed.

  3. 03A conversation
    Book a 15-minute call

    15 minutes with Aaron, by phone or video, at no charge. Appointments are usually available within a few working days, including Tuesday and Thursday evenings, and home visits across East and North Yorkshire.

  4. 04Ready to go
    Start my matter

    Give Aaron the details he needs for probate and he confirms the fixed fee in writing before any work starts.

Important

This guide contain general information about the law of England and Wales as at March 2026. It is not legal advice and should not be relied on in place of advice on your own circumstances. Probate, inheritance tax and intestacy law change often; check any specific point before acting on it. Outcomes for any one person depend on their facts, the documents, and decisions taken by HMRC, the courts and others. Fees shown are fixed once agreed in writing, before any work starts. Safe Harbour Legal is a trading name of Legal Studio Solicitors (MDLS Solicitors Limited, company number 08599445), authorised and regulated by the Solicitors Regulation Authority, SRA 598793. The complaints procedure is at safeharbour.legal/complaints-procedure.