The role of an executor is fundamental to the settlement of a deceased person’s estate. Learn more about the legal responsibilities of an executor, how to appoint one, and where to find out more information to help execute a will.

Understanding the role of an executor

The executor of an estate is the person appointed to administer and appropriate the last will and testament of someone who has died. An executor’s primary responsibility is to fulfil the deceased person’s wishes and carry out their instructions as stipulated in the will.

A court may appoint the executor where no prior appointment is made, but a person usually confirms the role when they make a will.

In practice, this means the executor must distribute assets, pay any outstanding debts, and file appropriate taxes. Assets include real estate, stocks, bonds, money investments, collectables, and anything previously owned by the deceased person.

In some families, the role of executor can be difficult. Disputes can arise between the executor and the beneficiaries of a will, particularly regarding the distribution of assets.

Some people appoint co-executors, often two of the deceased person’s children. If the children are in different locations and not particularly close, this can present logistical challenges.

Also, if the executors aren’t financially or legally savvy, executing a will is likely daunting and may result in delays or mistakes.

Who Can Be an Executor?

In the United Kingdom, you have the authority to appoint anyone as the executor of your will. However, the person must be 18 years or older at the time of your death and have the “mental capability” to do the job correctly.

Most people choose family members to be the executors of their wills. Often, the obvious choice is the adult children of the deceased, who will also be the main beneficiaries of the will.

You may also elect your spouse or a sibling, another common choice in the United Kingdom. If you don’t have any family members, a close and trusted personal friend or a long-time work colleague is a good option.

Choosing the right executor of your will isn’t something you should take lightly, as the role is important. It makes sense to select someone who is financially savvy. You also need to trust the person to carry out your wishes.

The Legal Process for Executors

If you are named executor, you will apply for a Grant of Probate. This document gives you the authority to distribute the deceased person’s assets. First, you will usually need to register the death and obtain a death certificate. You will then need to get copies of the will and take responsibility for the person’s property.

After that, the process of valuing the estate, sorting out the deceased’s finances, and dealing with assets can begin. If the sum of the estate is large enough, an Inheritance Tax payment might be due before the distribution of estate funds to beneficiaries.

In the UK, this process usually takes more than 12 months to complete, though probate delays are common, which you need to consider.

Given the protracted legal process and the numerous responsibilities attached to being an executor, many people consult the services of legal professionals to help. Working with a solicitor can be beneficial, as it can streamline the process and help to take some of the burden away from the executor(s).

Responsibilities of an Executor

In the United Kingdom, executors play numerous key roles and have several important responsibilities, including:

• Register the death: The first responsibility is to register the person’s death and arrange for certified copies of the death certificate.
• Get copies of the will: Next, find out where the up-to-date version of the person’s will is held and access it. The National Will Register is an excellent place to search for the will. You can then make several copies.
• Arrange the funeral: If the deceased person left specific instructions for their funeral, you, as the executor, must ensure they are followed wherever possible.
• Take responsibility for property: You can take responsibility for the person’s property and correspond with the insurer if required. Also, stop postal deliveries by contacting the Bereavement Register.
• Value the estate: You need to value the person’s estate, including everything they owned at the time of their death. HMRC recommends having items of £500 or more professionally valued.
• Sort out the person’s finances: You must stop any salary, pensions, and state benefit payments to the deceased person. You can also request information on debts and overpayments and request the deceased person’s bank statements.
• Pay inheritance tax: If the estate’s value is more than £325,000, you need to arrange for inheritance tax to be paid.
• Apply for probate: Applying for probate gives you the legal right to deal with someone’s estate, which you can apply for with the death certificate, the will, and the appropriate fee.
• Distribute the estate: The final step, following probate, is to distribute the estate to the beneficiaries.

Challenges and Support for Executors

The death of a loved one or a close friend is difficult enough, but when you add in the probate process and distributing the estate, it becomes even more challenging.

Open and honest communication between the executor(s) and beneficiaries is crucial. Poor communication can lead to disputes and delays, so being open and forthright throughout will be appreciated by everyone involved.

One of the biggest challenges executors face is the discovery of unknown debts, which can affect the settlement of the estate. Equally, the burden of inheritance tax, if applicable, is difficult for many to bridge, so reaching out to professionals for support can be helpful. Our estate advance loans can help you with this.

You can also use these resources to mitigate some of the challenges attached to executing a will:

• Age UK – How to be an Executor of a Will
• National Will Register – Search for a Will
• Gov.uk – Register a Death
• The Bereavement Register – Remove a person’s details from mailing lists 

Conclusion

The executor is crucial to the settlement of a will and the distribution of an estate. It’s a challenging role that comes with many legal responsibilities and requirements, so it needs to be filled by a responsible and reliable person.

If you’re unsure who to appoint as an executor of your will or if you have been appointed as an executor and are unsure where to begin, it’s a good idea to contact a solicitor to help you navigate the process.

You should also contact all beneficiaries as soon as possible and maintain open and honest communication throughout the probate process.