What Does an Executor of a Will Do?

Being named as an executor is an honour, but it comes with real responsibilities, and we are here to help you carry them out with confidence.

What is a Will Executor?

When someone makes a will, they appoint one or more people to carry out their wishes after they die. Those people are called executors. So when people ask what is a will executor, the straightforward answer is this: an executor is the person legally responsible for administering a deceased person's estate in line with what the will says.

Being chosen as an executor is usually a sign of trust. The person who wrote the will believed you were organised, honest and capable of handling something important on their behalf. That said, the role involves a good deal of paperwork, legal process and communication with banks, government departments and beneficiaries, often at a time when you are also grieving.

You do not have to manage any of that alone. Our probate team at Brewer Wallace works alongside executors every day, taking the administrative and legal weight off your shoulders so that the estate is dealt with correctly and without unnecessary delay.

The Main Duties of an Executor

The executor's responsibilities begin from the date of death. Probate (the court's official confirmation that you have authority to act) is usually needed before banks and others will release assets, so there is quite a lot to do before you reach that point, and a great deal more afterwards. The key duties generally include:

• Making sure the death has been registered and obtaining several certified copies of the death certificate.
• Locating the original will and any codicils (later amendments to it).
• Valuing the estate, which means identifying and valuing all assets (property, savings, investments, personal belongings) and all debts (mortgages, loans, credit cards, utility bills).
• Applying for a Grant of Probate from His Majesty's Courts and Tribunals Service, which gives you the legal authority to deal with the estate.
• Reporting the estate to HMRC and paying any Inheritance Tax due, at least part of which usually has to be paid before probate can be granted.
• Collecting in the assets, settling outstanding debts and liabilities, and closing accounts, including advertising for creditors in The Gazette and a local newspaper (a "section 27 notice") and usually waiting six months from the grant before final distribution.
• Distributing what remains to the beneficiaries named in the will, in accordance with its terms.
• Keeping clear records of every transaction, known as estate accounts, so that beneficiaries can see exactly how the estate has been administered.

The process can take anywhere from a few months to well over a year, depending on the complexity of the estate, whether there is property to sell, and whether any disputes arise.

Can an Executor Also Be a Beneficiary?

Yes, absolutely. It is very common, and perfectly lawful, for the same person to be both an executor and a beneficiary of a will. A parent might leave their estate to their children and appoint one or more of those children as executors. A spouse is often named as both the main beneficiary and the sole executor.

Being a beneficiary does not affect your ability to act as executor, and acting as executor does not reduce your entitlement under the will. You are simply wearing two hats at once: one as the person administering the estate, and one as a person entitled to benefit from it.

What is important is that you fulfil your duties as executor fairly and transparently, treating all beneficiaries fairly and even-handedly and keeping proper records. If there are other residuary beneficiaries alongside you, they are entitled to see the estate accounts and to be kept informed of progress. Our team helps executor-beneficiaries manage both roles clearly, so there is no room for misunderstanding or family tension.

What Happens if There is No Will, or the Executor Cannot Act?

Sometimes a person dies without leaving a will at all. This is called dying intestate, and in that situation there is no executor. Instead, a close relative (usually a spouse or adult child) can apply to become an administrator of the estate. Administrators have broadly the same duties as executors, but the estate is distributed according to the intestacy rules set by law rather than the person's own wishes.

It is also possible that a named executor is unable or unwilling to take on the role. They may have died before the will-maker, lost mental capacity, or simply wish to step back. In that case, another executor or a substitute named in the will may act. An executor can give up the role, step back while keeping the right to act later, or appoint someone such as a solicitor to act for them. If no executor can act, a beneficiary can apply. If you are unsure whether you are able to act, or would prefer not to, we can talk through your options and handle the matter on your behalf.

How Our Probate Team Supports Executors

At Brewer Wallace, we offer executors as much or as little support as they need. Some clients want us to handle the entire process from start to finish. Others are comfortable doing some parts themselves and simply want our help with the more technical stages, such as the Grant of Probate application or Inheritance Tax calculations. We are happy to work either way.

When you come to us, here is what we do:

1. We meet with you (in person or remotely, whichever suits you) to understand the estate and what the will says.
2. We carry out a full valuation exercise, contacting asset holders and creditors on your behalf.
3. We prepare and submit the application for the Grant of Probate, together with any Inheritance Tax forms that need to go to HM Revenue and Customs.
4. Once the Grant is issued, we collect in the assets, pay the debts and liabilities, and prepare clear estate accounts for all beneficiaries to review.
5. We distribute the estate to the beneficiaries and confirm that everything has been done in accordance with the will.

Throughout, we keep you informed in plain English, without jargon, and we are always available to answer your questions. Probate can feel daunting, but with the right support it is a manageable process, and we are proud of the care we take with every family we work with.

If you have been named as an executor and would like to talk through what is involved, please get in touch with our team. We would be glad to help.

Our local wills and probate teams: wills and probate solicitors in Hull, probate solicitors in Hull, Bridlington, Hornsea and will writing for Beverley.