Executor Duties Explained: Responsibilities & Guide

Being named as an executor in someone's Will is a mark of trust — but it also comes with real legal responsibilities. If you've recently been told you're an executor, you might be feeling overwhelmed about what's expected of you.

This guide explains exactly what an executor does, the key steps involved, and when it makes sense to get professional help.

Key Takeaways

An executor is legally responsible for carrying out the wishes in the Will
You don't have to accept the role — you can renounce before taking any action
Executors can be personally liable for mistakes in administering the estate
You can appoint a solicitor to handle most or all of the work on your behalf
Multiple executors must act together — disagreements can cause delays
You're entitled to claim reasonable expenses from the estate

What Is an Executor?

The executor's job is to make sure the deceased's wishes (as set out in their Will) are properly carried out. This includes everything from securing the property to filing tax returns and distributing inheritance to the right people.

It's a role that can take anywhere from 6 months to over a year, depending on the complexity of the estate.

570 hours

is the average time executors spend administering an estate

Source: National Association of Estate Planners, 2023

Your Key Responsibilities as Executor

The Executor's Step-by-Step Journey

1
Locate and secure the Will
Find the original Will, verify it's the most recent version, and keep it safe. Check with the deceased's solicitor, bank, or the Probate Service.
2
Register the death and arrange the funeral
While any family member can do this, the executor often takes the lead. Ensure funeral wishes in the Will are followed.
3
Identify and value all assets
List everything the deceased owned: property, bank accounts, investments, pensions, vehicles, personal possessions. Get professional valuations where needed.
4
Identify all debts and liabilities
Check for mortgages, credit cards, loans, utility bills, and any outstanding tax. Place statutory notices in The Gazette and a local newspaper to protect against unknown creditors.
5
Apply for the Grant of Probate
Submit the probate application to HM Courts and Tribunals Service, along with the inheritance tax forms and the court fee.
6
Pay inheritance tax (if applicable)
IHT must usually be paid within 6 months of death. Some can be paid in instalments for property. Arrange payment before the grant is issued.
7
Collect the assets
Once you have the Grant of Probate, contact banks, building societies, and other institutions to collect the deceased's assets.
8
Pay debts and expenses
Settle all outstanding debts, including funeral costs, solicitor fees, and any other liabilities of the estate.
9
Prepare estate accounts
Keep detailed records of all money received and paid out. Prepare formal estate accounts for the beneficiaries.
10
Distribute the estate
Once all debts are paid and the accounts are approved, distribute the remaining assets to the beneficiaries as set out in the Will.

Executor Liability: What You Need to Know

This is one of the main reasons people choose to instruct a solicitor. A professional can ensure everything is done correctly, reducing your personal risk.

Common mistakes that can lead to executor liability:

Distributing assets before waiting the statutory notice period for creditors
Missing the 6-month deadline for inheritance tax payment (leading to interest charges)
Failing to properly value assets, resulting in incorrect tax returns
Not following the Will's instructions accurately
Selling property for less than market value
Making decisions that favour one beneficiary over another

Can I Refuse to Be an Executor?

Yes. Being named in someone's Will doesn't mean you have to accept the role. You can formally "renounce" the executorship, provided you haven't already started acting in the role (called "intermeddling").

You might consider renouncing if:

The role feels too burdensome given your own health or personal circumstances
There's a conflict of interest between you and the beneficiaries
You live far from where the estate needs to be administered
The estate is particularly complex and you don't feel equipped to handle it

DIY Probate vs Instructing a Solicitor

Handling Probate Yourself

No solicitor fees (but still court fees and IHT)
Full control over the process
Time-intensive — expect 300-500+ hours
Personal liability for any mistakes
Best for very simple estates with no property or disputes

Instructing a Solicitor

Professional fees (typically £1,500-£5,000 for fixed fee)
Solicitor handles paperwork, tax, and distribution
Frees up your time during a difficult period
Reduces personal liability risk
Essential for complex estates, property, or family disputes

Need Help as an Executor?

Being an executor is a big responsibility. Aaron can take the burden off your shoulders — handling everything from the probate application to the final distribution.

Book Free Executor Consultation

Getting Executor Support in East Yorkshire

If you've been named as an executor for someone in Bridlington, Driffield, Scarborough, or anywhere in East Yorkshire, Safe Harbour Legal can help. We offer fixed-fee probate services, so you know exactly what the cost will be before we start.

Many of our executor clients are grieving family members who simply want someone trustworthy to guide them through the process. Aaron handles estates of all sizes — from straightforward cases to complex estates involving property, business assets, and inheritance tax.

Executor Duties Explained: Your Responsibilities and How to Cope