What Are Your Duties As An Executor of a Will?

Being asked to act as an executor is both an honour and a responsibility. You are being trusted to carry out someone’s final wishes, but it can feel overwhelming—especially if you are also grieving. Below is a helpful guide to what’s expected, along with the risks to be aware of.

Main Duties of an Executor

1.         Locate and secure the will

Make sure you have the latest valid version of the will. Keep it safe—it’s the foundation for everything you do.

2.         Register the death and arrange the funeral

You don’t have to arrange the funeral yourself, but many executors are I     involved. Costs usually come from the estate, not your own money.

3.         Value the estate

•          Identify everything the person owned (property, bank accounts, investments, personal belongings).

            •          List their debts (mortgages, credit cards, loans, unpaid bills).

            •          This valuation is needed for probate and inheritance tax purposes.

4.         Apply for probate (if needed)

Probate is the legal authority to deal with the estate. Not every estate requires probate, but larger or more complex ones usually do.

5.         Deal with taxes

•          Pay inheritance tax (if due), as well as any income tax or capital gains tax.

            •          Complete and submit the necessary HMRC forms.

6.         Pay debts and expenses

The estate’s money must be used to settle any outstanding debts and reasonable expenses before beneficiaries receive their inheritance.

7.         Distribute the estate

Once debts and taxes are cleared, distribute assets according to the will (or intestacy rules if there is no will).

8.         Keep records

Executors must keep clear accounts showing what was collected, spent, and distributed. Beneficiaries have a right to see these if they ask.

Personal Risks of Being an Executor

While executors can usually claim back reasonable expenses, the role is not risk-free:

1.         Personal liability

•          If you pay beneficiaries before settling debts or taxes, you could be held personally responsible.

•          If assets are sold too cheaply, or you make mistakes in distribution, beneficiaries or creditors could take action against you.

2.         Tax mistakes

HMRC can hold executors personally liable if inheritance tax forms are wrong or payments are late.

3.         Disputes between beneficiaries

Executors can get caught in the middle of family disagreements. If you appear biased or make an error, you could face legal claims.

4.         Time and stress

Administering an estate can take months or even years. It may involve difficult conversations, chase paperwork, and managing conflicts—all while you may be grieving.

5.         Costs

While you can usually reclaim estate-related expenses (like probate fees, postage, travel), you generally can’t charge for your time unless the will allows it or all the beneficiaries agree. If you advance money for costs and the estate has delays, you may have to wait to be reimbursed.

Protecting Yourself as an Executor

•          Get professional help: The Probate Helper, solicitors and probate specialists can guide you, and their fees are paid from the estate.   If you are unsure on whether to do it yourself or handover to a professional, then please do get in touch and I will be happy to discuss the process and give you tailored advice which will help you decide.

•          Be transparent: Keep detailed records and communicate with beneficiaries regularly.

•          Don’t rush: Take time to gather full information before making payments.

•          Consider renouncing: If the role feels too much, you can formally step down before you begin any work.

💜 Final Thought:

Being an executor is a serious legal duty, but also a final act of care for someone who trusted you. It’s okay to seek support—both professional and emotional—so you don’t carry the burden alone.