In England, an executor is the person legally responsible for carrying out the instructions in a deceased person's will and managing their "estate"—which includes money, property, and possessions. 

Core Responsibilities

The executor’s role typically follows a sequence of legal and administrative steps: 

  • Initial Actions: Registering the death (usually within 5 days), locating the original will, and making funeral arrangements.
  • Valuing the Estate: Identifying all assets (bank accounts, property, investments) and liabilities (debts, loans, utility bills) to calculate the estate's total value.
  • Paying Inheritance Tax (IHT): Reporting the estate's value to HM Revenue and Customs (HMRC) and paying any IHT due. In 2026, executors must still prioritize this, as probate is usually not granted until IHT is settled.
  • Applying for Probate: Obtaining a Grant of Probate, which is the legal document giving the executor authority to deal with the assets. This is often required for estates over £10,000 or those involving property.
  • Settling Debts: Paying off all the deceased's debts and taxes using estate funds before any inheritance is distributed.
  • Distributing Assets: Passing on inheritance to the beneficiaries named in the will.
  • Final Accounting: Preparing a detailed set of "estate accounts" for the beneficiaries to approve, showing all money in and out. 

Key Rules & Legal Status

  • Personal Liability: Executors are personally and financially liable for mistakes, such as failing to pay a creditor or miscalculating tax, even if made in good faith.
  • Multiple Executors: A will can name up to four executors to share the workload; they must generally make decisions jointly.
  • Remuneration: Lay executors (friends or family) usually act for free but can be reimbursed for "out-of-pocket" expenses like travel or postage. Professional executors (solicitors or accountants) charge fees, which are paid from the estate.
  • Beneficiaries as Executors: It is common and legal for a beneficiary to also be an executor, provided they are over 18 and have mental capacity. 

Declining the Role

Being named in a will does not force you to act. You can renounce the role by signing a legal document, provided you have not already "intermeddled" (started managing the estate's assets). 

Useful Resources


Pitfalls

In England, acting as an executor carries significant personal risk because you are legally and financially responsible for any errors made. To protect yourself and the estate in 2026, avoid these common pitfalls: 

1. Distributing Assets Too Early 

This is one of the most critical mistakes. If you pay beneficiaries before settling all debts and taxes, and the estate later lacks the funds to cover them, you may be personally liable for the shortfall. 

  • Wait for the "Six-Month Rule": It is advisable to wait at least six months from the Grant of Probate before final distribution. This is the period during which claims can be made under the Inheritance (Provision for Family and Dependants) Act 1975. 

2. Missing Tax Deadlines and Penalties

HMRC enforces strict timelines for Inheritance Tax (IHT). 

  • Interest Accrual: IHT must generally be paid within six months of the end of the month in which the person died. After this, interest begins to accrue.
  • Valuation Errors: Underestimating property or asset values can lead to investigations and heavy penalties from HMRC. For 2026, be aware that thresholds like the Nil-Rate Band (£325,000) remain frozen. 

3. Overlooking Creditors and Debts

Executors are responsible for identifying all outstanding liabilities, including utility bills, credit cards, and loans. 

  • Protection Measure: Place a Section 27 Trustee Act Notice in The Gazette and a local newspaper. This gives creditors two months to come forward. If you do not do this, you remain personally liable for hidden debts that emerge later. 

4. Failure to Remain Neutral 

Executors must act impartially between beneficiaries, even if they are a family member or beneficiary themselves. 

  • Conflict of Interest: Prioritising your own inheritance or "taking sides" in family disputes can lead to legal action to have you removed from the role.
  • Improper Sales: Selling estate property below market value to friends or family is considered misconduct. 

5. Poor Record-Keeping 

You must maintain meticulous "estate accounts" that track every penny into and out of the estate. 

  • Beneficiary Rights: Beneficiaries have a legal right to see these accounts. Refusing to provide them can result in a court order forcing you to do so.
  • Separate Funds: Never mix estate money with your personal bank account; open a dedicated executor’s account instead. 

6. Failing to Secure Assets 

From the moment of death, you are responsible for safeguarding assets. 

  • Insurance: Forgetting to update building insurance for a vacant property can leave you liable if it is damaged or burgled.
  • Digital Assets: Overlooking digital currencies (crypto), PayPal accounts, or social media with commercial value is a growing modern pitfall. 

7. Starting the Role and Then Trying to Quit 

Once you have "intermeddled"—taken any action to manage the estate, such as paying a bill or selling an item—you cannot simply resign. 

  • Irreversible Status: If you have intermeddled, you must obtain court permission to be removed as an executor.

Conclusion

Completing your duties as an executor can be daunting and incredibly time consuming. We are able to assist you with probate and we can enlist the help of our chosen probate partners who will work directly with you to obtain the grant of probate or letters of administration and they can even complete the full estate administration. Fees vary depending on complexities, but get in touch if you would like more information.