What Is an Executor?

An executor is the person named in a will to carry out the wishes of the deceased and administer their estate. There may be one executor or several. The executor's role begins at the moment of death — even before probate is granted — and continues until the estate is fully administered and all assets have been distributed to the beneficiaries. Being an executor is a legal role with specific duties and potential personal liability if those duties are not carried out correctly.

The Core Legal Duties of an Executor

An executor's core legal duties include:

• Locating and safeguarding the original will
• Registering the death and obtaining death certificates
• Identifying and valuing all assets and liabilities in the estate
• Applying for the grant of probate
• Completing and submitting the inheritance tax return to HMRC
• Paying any inheritance tax, income tax, and other liabilities of the estate
• Collecting all assets of the estate
• Paying all debts and liabilities
• Distributing the estate to the beneficiaries in accordance with the will
• Keeping accurate records of all transactions

Duties in Relation to Property

Where the estate includes a property, the executor has specific responsibilities. They must ensure the property is adequately insured — standard home insurance policies often lapse or become invalid when a property is unoccupied, so specialist vacant property insurance may be required. They must maintain the property in a reasonable condition. They must obtain a probate valuation of the property for inheritance tax purposes. And they must manage the sale of the property in the best interests of the estate — which means obtaining a fair market price, not simply accepting the first offer received.

Acting in the Best Interests of the Estate

An executor has a fiduciary duty to act in the best interests of the estate and its beneficiaries. This means making decisions that are financially sound and legally correct, even if they are personally difficult. For example, if a family member wants to buy the property at below market value, the executor may not be able to agree to this without the consent of all beneficiaries — and even then, they should take legal advice. Executors who act in their own interests, or who favour one beneficiary over others, can be held personally liable.

Selling the Property

When selling a property as part of an estate, the executor acts as the seller. They instruct the estate agent, accept offers, instruct the solicitor, and sign the transfer deed. They do not need the beneficiaries' consent to sell the property (unless the will specifically requires it), but they must act in the best interests of the estate. This means obtaining a fair price, choosing a reliable buyer, and not allowing the sale to be delayed unnecessarily. The proceeds of sale form part of the estate and must be distributed in accordance with the will.

What Executors Are Permitted to Do

Executors have broad powers to manage and sell estate assets. They can instruct professionals — solicitors, estate agents, surveyors, accountants — on behalf of the estate. They can open a bank account in the name of the estate to receive and distribute funds. They can make decisions about the timing and method of sale. And they can delegate tasks to professionals, though they remain responsible for ensuring those tasks are carried out correctly.

Executor Expenses

Executors are entitled to be reimbursed for reasonable out-of-pocket expenses incurred in administering the estate — such as travel costs, postage, and professional fees. However, executors are not automatically entitled to be paid for their time unless the will specifically provides for this, or unless all beneficiaries agree. If the estate is complex and the executor's time commitment is significant, it may be worth discussing remuneration with the beneficiaries before proceeding.

Personal Liability

Executors can be held personally liable for losses caused by their failure to carry out their duties correctly. This includes paying debts in the wrong order (creditors must be paid before beneficiaries), distributing assets before all liabilities are settled, failing to pay inheritance tax on time, or selling assets at an undervalue. Executors who are unsure about any aspect of their duties should seek professional legal advice before acting.

Renouncing the Role

An executor who does not wish to take on the role can renounce their appointment — but only if they have not already intermeddled in the estate (i.e., taken any steps to administer it). Renunciation must be done formally, by signing a deed of renunciation. Once an executor has intermeddled, they cannot renounce and must continue in the role. If an executor is unable to act due to illness or incapacity, a power of attorney can be granted to another person to act on their behalf.

Getting Help

Executors do not have to manage the estate alone. A solicitor can handle the probate application, the inheritance tax return, and the conveyancing on any property sale. An accountant can assist with tax matters. An estate agent can manage the marketing and sale of the property. And a professional executor — such as a trust company or a solicitor — can be appointed to take over the role if the executor is unable or unwilling to continue. There is no shame in seeking help, and doing so will usually lead to a better outcome for everyone involved.