What does an executor do?

Being asked to be an executor sounds like a small honour until the day it arrives. It's a real job, with paperwork, deadlines and some personal responsibility, and you'll usually be doing it while you're grieving. It's also manageable if you take it in order.

An executor's job, in order

1. Find the will and check who's named

The will names the executors. GOV.UK says you'll need the original, because photocopies aren't accepted, and that it'll become a public record. Originals are often held by a solicitor, at a bank or at home with other important papers. Up to 4 executors can be named on an application, and you must all agree who's applying.

2. Register the death and tell people

You have 5 days from the medical examiner's confirmation to register the death in England and Wales (8 days in Scotland). The registrar will give you a reference number for Tell Us Once, which notifies HMRC, the DWP, the Passport Office, the DVLA and the local council in one go. You still have to contact banks, insurers, utility companies, landlords, TV Licensing and private pensions yourself. The reference expires if it isn't used within 28 days.

3. Secure the house and its contents

Lock up, tell the home insurer and collect spare keys. Our guide to clearing a house before probate explains what you can do while you're waiting.

4. Work out what the estate is worth

List everything the person owned, including bank accounts, property, pensions, shares and household and personal items. List the debts too, including mortgages, credit cards and funeral costs. Include any gifts made in the 7 years before the death.

The contents of the house need a realistic second-hand value. GOV.UK says valuing an estate can take several months, and longer if it's complicated.

5. Deal with Inheritance Tax

There's normally no Inheritance Tax if the estate is below £325,000, or everything above that goes to a spouse, civil partner or charity. If a home goes to children or grandchildren, the threshold can rise to £500,000, provided the estate is under £2 million. Above the threshold the rate is usually 40%.

If tax is due, you must report the value within one year on form IHT400, and you can't apply for probate until you've done that. Payment is due by the end of the sixth month after the death, or interest starts to run. You'll normally have to start paying before you have probate.

6. Apply for probate

Most estates that include property or significant savings need a grant of probate. The application fee is £526 if the estate is worth more than £5,000, and there's no fee below that. Extra copies cost £2 each, and it's worth ordering several. GOV.UK says you'll usually get the grant within 12 weeks of applying, though it can take longer if more information is needed.

Help with fees is available if you're on a low income or certain benefits.

7. Collect in the money

Once you have the grant, send copies to banks and other institutions. Open an executor account to keep the estate's money separate from your own. Don't pay it into your personal account.

8. Pay the debts and expenses

Pay the funeral costs, taxes and debts before you give anything to the beneficiaries. If the estate might not cover what it owes, stop and take legal advice, because there's a strict order in which debts have to be paid.

Protect yourself by placing a deceased estates notice in The Gazette, as section 27 of the Trustee Act 1925 allows, which gives unknown creditors a chance to come forward.

9. Sort out the belongings

Hand over anything the will gives to a named person. Then divide the remainder as the will says, sell what's being sold, and clear the house. The cost of a house clearance can come out of the estate.

10. Finish the accounts and distribute

Prepare a final set of accounts showing what came in, what went out and who received what. GOV.UK says you should send copies to all beneficiaries and keep written confirmation that each one received their share. Keep the records too, because HMRC can ask to see them up to 20 years after Inheritance Tax is paid.

Don't distribute everything too quickly. Many executors wait at least 6 months from the grant, which is the normal deadline for certain claims against the estate.

What are you personally responsible for?

An executor can be held personally liable if they make mistakes that cost the estate or its beneficiaries money. That could include paying the wrong people, missing a debt, selling something far too cheaply, or letting things go missing from the house. Executors are expected to act honestly and with reasonable care, but you aren't expected to be an expert.

These habits will protect you from most problems:

• Keep the estate's money separate from your own.
• Write down what you did and why.
• Get professional advice when something is beyond you, and treat the cost as an estate expense.

Can you claim expenses?

You can claim reasonable out-of-pocket costs such as postage, travel and fees, and you should keep the receipts. You can't normally charge for your time unless the will says you can. Professional executors, such as solicitors, usually have a charging clause in the will.

Can you refuse to be an executor?

Yes, as long as you haven't started acting. You can give up the right to apply permanently, known as renouncing probate. If more than one person is named, you can also hold what's called power reserved, which means you step back for now but can apply later if you need to. Be careful not to start dealing with the estate first, because taking action can commit you to the role.

What if there's no will?

Then there's no executor. The closest relative usually applies to be the administrator instead, through letters of administration. The job is essentially the same, except that the intestacy rules decide who inherits, and the administrator's authority only starts when the grant is issued.

Common questions

How long does an executor have to distribute an estate?

There's no fixed legal deadline, but executors are expected to act without unreasonable delay. People often talk about the "executor's year", the 12 months after death, as a general guide. Complicated estates can take longer.

Do executors get paid?

Not usually, unless the will says so or the beneficiaries agree. Executors can claim reasonable expenses from the estate.

Can an executor also be a beneficiary?

Yes. It's very common for a spouse or child to be both. You need to act fairly for everyone, even when your own interests are involved.

Can an executor sell a house without the beneficiaries' agreement?

An executor generally has the power to sell if the will doesn't say otherwise, but you can't complete the sale until you have the grant. If a beneficiary has been left the house itself, you'll need to follow the will. It's good practice to consult everyone anyway.

Do I need a solicitor to be an executor?

No. Many people do it themselves, especially with straightforward estates. A solicitor is worth considering if there's a dispute, a business, property abroad or Inheritance Tax to deal with, or if the estate might not cover its debts.

Sources

• GOV.UK: Applying for probate
• GOV.UK: Probate fees
• GOV.UK: How to value an estate for Inheritance Tax
• GOV.UK: How Inheritance Tax works
• GOV.UK: What to do after someone dies
• The Gazette: Deceased estates notices
• GOV.UK: Probate if there is a will
• GOV.UK: Tell Us Once
• Trustee Act 1925, section 27
• GOV.UK: Records to keep after valuing an estate
• Inheritance (Provision for Family and Dependants) Act 1975, section 4
• Age UK: Dealing with an estate (factsheet 14)

This guide is general information for people in England and Wales. The rules in Scotland and Northern Ireland can differ. It isn't legal, tax or financial advice, and Sortwell isn't a law firm or a valuer. If an estate is complicated or there's a disagreement, talk to a solicitor. Figures were checked on the date above.