Responsibilities and Duties of an Executor
Responsibilities and duties of an executor
Written by Eliza Elliott, Legacy Adviser at Octopus Legacy. Last updated: March 2026.
Being named as an executor is one of the biggest responsibilities someone can ask of you. It means they trust you to manage everything after they die, from paying debts and filing tax returns to making sure the right people inherit the right things.
It's a lot. But you don't have to do it alone, and you don't have to figure it all out on day one.
This guide explains what an executor does, what your legal responsibilities are, what could go wrong, and where to get help. We've also published a free Guide to Being an Executor that you can download and keep for reference.
What is an executor?
An executor is the person named in a will to carry out the wishes of the person who died. Your job is to manage their estate, that means collecting their assets, paying their debts and taxes, and distributing what's left to the beneficiaries.
You're appointed by the person writing the will (the testator). Your authority doesn't start until they die, and even then, you'll usually need a legal document called a grant of probate before you can access most assets.
If someone dies without a will, there's no executor. Instead, a family member applies to become the "administrator" and follows the rules of intestacy. Read more about what probate is and how it works.
Who can be an executor?
Almost anyone over 18 can be an executor. This includes:
- Family members (including beneficiaries of the will)
- Friends
- Solicitors or professional executors
- A trust corporation
A common misconception is that it has to be a solicitor. It doesn't. Most executors are family members or friends. But whoever it is, they need to be someone trustworthy, organised, and able to handle the admin during what can be a long and emotional process.
You can name up to four executors in a will. Having two is common, it provides a backup if one person can't act or wants to step down.
Choosing the right executor
If you're writing a will and selecting an executor, think about:
- Trust: this person will have full access to the estate
- Organisation: probate involves a lot of paperwork and deadlines
- Availability: the process can take 6 to 12 months, sometimes longer
- Proximity: being local to the person who died makes the practical tasks easier
- Willingness: always ask someone before naming them in your will
Write your will with Octopus Legacy and name the right people for the job.
Can you say no to being an executor?
Yes. You're not legally obligated to accept the role. If you've been named in someone's will and don't want to act, you have options:
- Renounce: formally give up the role before you've started. You'll need to sign a legal form (a "renunciation") and file it with the Probate Registry.
- Have power reserved: step back and let the other executor(s) handle things. You can step in later if needed.
- Appoint a solicitor: you stay as executor but hire a professional to do the work on your behalf. You'll pay for this from the estate.
If there's only one executor and they renounce, the beneficiaries can apply to the court for letters of administration to handle the estate themselves.
The key is to tell people as soon as possible. If you know you've been named as an executor and don't want to do it, ask the person to update their will while they're still alive.
What are the responsibilities of an executor?
The role of executor is all-encompassing. It can take months, and sometimes years, to complete. Here's what you'll need to do, step by step.
1. Register the death and get the death certificate
You don't have to do this yourself, a relative usually registers the death. But you'll need at least one certified copy of the death certificate to carry out your duties. Order at least 5 copies (£12.50 each at registration).
Read our guide to what to do in the first week after a death.
2. Find the will
Locate the original will as soon as possible. It sets out exactly how the estate should be dealt with, and it's legally binding.
Check at home, with a solicitor, at the person's bank, or on the National Will Register (which holds records for over 8 million wills). Read our guide on how to find a will.
3. Arrange and pay for the funeral
The executor is often responsible for arranging the funeral. Check the will for funeral wishes and whether there's a pre-paid funeral plan.
You may be able to pay for the funeral directly from the estate. Some banks release funds for funeral costs before probate is granted, ask the bank with a copy of the death certificate and funeral director's invoice.
For guidance, read our guide to how to plan a funeral.
4. Notify organisations and value the estate
You'll need to tell organisations about the death so they can update their records, and so you can build a picture of the estate's value. This includes:
| Asset type | Where to check |
|---|---|
| Bank accounts and savings | All banks and building societies |
| Property and land | Land Registry, estate agents for valuation |
| Pensions | Pension providers, employer, State Pension |
| Investments | Stockbrokers, ISA providers, fund managers |
| Life insurance | Insurance companies |
| Vehicles | DVLA, finance companies |
| Digital assets | Crypto wallets, NFTs, online accounts with monetary value |
| Business interests | Companies House, partnership agreements |
| Personal belongings | Jewellery, art, antiques, get valuations if significant |
Use the Tell Us Once service to notify government departments in one go.
For a detailed checklist, read our guide to reporting a death to different organisations.
5. Deal with digital assets
Since December 2025, the Property (Digital Assets etc) Act 2025 means that digital assets like cryptocurrency and NFTs are legally recognised as property in England and Wales. As an executor, you're now responsible for:
- Identifying all digital assets (crypto wallets, NFTs, domain names, digital files with monetary value)
- Securing access (private keys, passwords, two-factor authentication)
- Valuing digital assets at the date of death for IHT purposes
- Transferring or selling them according to the will
This is a growing area. If the estate includes significant digital assets, consider specialist advice. The legal framework is still evolving.
6. Identify and protect against debts
Before distributing anything, you need to identify all debts owed by the estate. This includes mortgages, credit cards, loans, utility bills, and outstanding tax.
Section 27 notices: to protect yourself from personal liability, place a notice in The Gazette and a local newspaper. This gives creditors two months to come forward. If you distribute the estate after this period and an unknown creditor appears, you won't be personally liable for their claim.
If you distribute assets without placing a Section 27 notice and a creditor emerges later, you could be personally liable to repay them from your own money.
7. Work out inheritance tax
You'll need to complete an inheritance tax form for HMRC, even if no tax is owed:
| Threshold | Amount (2026) | Detail |
|---|---|---|
| Nil-rate band | £325,000 | No IHT on estates below this value |
| Residence nil-rate band | £175,000 | Extra allowance if the home passes to direct descendants |
| Combined (individual) | £500,000 | Maximum before IHT for qualifying estates |
| Combined (couple) | £1,000,000 | With transferable nil-rate bands from a deceased spouse |
| IHT rate | 40% | On the value above the threshold |
Both thresholds are frozen until April 2030. From April 2027, unused pension pots will be included in estates for IHT purposes.
The IHT form you'll need depends on the estate:
- IHT205: for straightforward estates below the threshold
- IHT400: for estates that owe IHT, claim reliefs, or exceed the reporting threshold
- C1 with C5 or C5SE :if the person died in Scotland
IHT must be paid before probate is granted. You can sometimes pay from the estate's bank account using the Direct Payment Scheme, or arrange a loan against the estate. For more detail, read our guide to the key steps before applying for probate.
8. Apply for probate
The grant of probate is the legal document that proves your right to deal with the estate. Without it, most banks, building societies, and land registries won't release funds or transfer property.
| Detail | Current information (2026) |
|---|---|
| Application fee | £300 (no fee for estates under £5,000) |
| Extra copies of the grant | £16 each |
| How to apply | Online at GOV.UK or by post |
| Timeline | Typically 8–16 weeks from application |
Probate is needed in around 50% of cases. You may not need it if the estate is small, all assets were jointly held, or everything passes outside the estate (like a life insurance policy in trust).
9. Collect assets, pay debts, and settle tax
Once you have the grant of probate, you can:
- Close bank accounts and collect funds
- Sell or transfer property
- Sell or transfer investments and shares
- Pay outstanding debts in the correct priority order
- File a final income tax return for the tax year in which the person died
- Check whether capital gains tax is owed on any asset sales
We strongly recommend opening an executor bank account to keep estate money separate from your own.
10. Distribute the estate and produce accounts
This is the final step, and the one the beneficiaries have been waiting for. Distribute assets according to the will. If specific items were gifted (a watch, a painting, a car), make sure they go to the right person. If the residuary estate (everything left over) is split between people, calculate and distribute accordingly.
You'll also need to prepare estate accounts, a record of all money that came in and went out. Make this available to every beneficiary. Keep your records for at least 12 years.
Executor liability: what could go wrong?
This is important. As an executor, you have unlimited personal liability for losses caused by mistakes or failures in your duties. This means beneficiaries or creditors can sue you, personally, if you get things wrong.
Common risks include:
- Distributing too early: if you hand out assets before all debts are paid or before the Section 27 notice period ends, you could be liable to repay creditors from your own pocket
- Missing assets or debts: if you don't investigate the estate thoroughly, you're personally responsible for any shortfall
- Mismanaging investments: selling property below market value or failing to insure estate assets
- Conflicts of interest: if you're also a beneficiary, you must act in the best interests of all beneficiaries, not just yourself
- Missing tax deadlines: late IHT or income tax payments can attract penalties, and HMRC may pursue you personally
- Failure to keep records: beneficiaries can ask to see full estate accounts at any time
If there are multiple executors, liability is joint and several. That means any one executor can be pursued for the full amount of any loss.
The good news: if you act honestly, follow the process, and get professional advice where needed, personal liability is rare. Placing a Section 27 notice and keeping thorough records are two of the best protections.
How much does it cost to administer an estate?
If you do everything yourself, the main costs are:
| Cost | Amount |
|---|---|
| Probate application fee | £300 |
| Death certificates (5 copies) | ~£55 |
| Section 27 notice (The Gazette) | ~£100 |
| Local newspaper notice | ~£80–£150 |
| Property valuation | Free–£300 |
If you hire a solicitor, expect to pay:
- Grant-only service (they get probate, you do the rest): £950–£1,500
- Full estate administration: £3,000–£6,000 for straightforward estates
- Percentage-based fees: typically 1.5%–4% of the estate value
All professional fees can be paid from the estate, not from your own pocket.
Getting help as an executor
Being an executor is a big job, but you don't have to do it all yourself. You can hire a solicitor or probate specialist to handle the technical parts while you focus on supporting the family.
Octopus Legacy, through its partnership with the National Bereavement Service (NBS), offers fixed-price probate services. The NBS deals with bereaved families every day and has a panel of trusted lawyers. What you see on the initial quote is what you'll pay.
Call us on 020 8068 9990 or read our full Guide to Being an Executor, a free, downloadable guide covering everything from nomination to distribution.
Make it easier for your executor
The best thing you can do for your executor is get your affairs in order now. A clear, up-to-date will makes everything simpler. Include:
- A list of your assets (bank accounts, property, investments, digital assets)
- Details of your debts
- Funeral wishes
- Contact details for your solicitor, financial adviser, and accountant
- Passwords and access details stored securely
Write your will with Octopus Legacy →
What does an executor of a will do?
An executor manages the estate of someone who died. This includes finding the will, registering the death, arranging the funeral, notifying organisations, valuing the estate, paying inheritance tax, applying for probate, collecting assets, paying debts, and distributing everything to the beneficiaries. It typically takes 6 to 12 months.
Can an executor of a will be held personally liable?
Yes. Executors have unlimited personal liability for losses caused by mistakes. Common risks include distributing assets before debts are paid, missing assets, mismanaging investments, and missing tax deadlines. Place a Section 27 notice in The Gazette and keep thorough records to protect yourself.
Can you refuse to be an executor?
Yes. You can formally renounce by filing a renunciation form with the Probate Registry. You can also step back and let co-executors handle things. If you know you've been named and don't want the role, ask the person to update their will while they're still alive.
How much does probate cost in the UK?
The application fee is £300 (no fee for estates under £5,000). Extra copies cost £12.50 each. If you hire a solicitor, a grant-only service costs £950–£1,500. Full estate administration is typically £3,000–£6,000. Percentage-based fees range from 1.5%–4% of the estate value. All fees can be paid from the estate.
What is a Section 27 notice and why is it important?
It's an advertisement in The Gazette and a local newspaper asking creditors to come forward within two months. After the notice period, if you distribute the estate and an unknown creditor appears, you won't be personally liable. Without this notice, you could be forced to repay them from your own money.
Does an executor have to deal with digital assets like cryptocurrency?
Yes. Since the Property (Digital Assets etc) Act 2025, crypto and NFTs are legally recognised as property. Executors must identify, secure, value, and distribute all digital assets. This includes locating private keys and passwords, and valuing assets at the date of death.
How long does it take to settle an estate as executor?
Most estates take 6 to 12 months. The probate application itself takes 8–16 weeks. Timelines can be longer with property sales, IHT, disputes, or missing paperwork. Simpler estates may be settled in a few months.
Can an executor also be a beneficiary of the will?
Yes, it's very common. But you must act in the best interests of all beneficiaries, not just yourself. If there's a conflict of interest, get independent legal advice. Being both executor and beneficiary doesn't affect your legal duties or liability.
