Most people agree to be an executor without giving it much thought. A friend, parent, spouse or relative asks them, they say yes, and years may pass before the role ever becomes relevant.
When that person dies, however, an executor suddenly finds themselves responsible for dealing with their loved one’s estate. Alongside grief and funeral arrangements, there are legal and financial responsibilities to manage, deadlines to meet, and important decisions to make.
The good news is that most estates follow a clear process. Understanding what is expected of you, and when to seek professional advice, can make the role feel far more manageable.
Erin Clarke, Managing Associate and Head of the Wills and Probate Team at Bromleys, explains what an executor does, when probate is needed, how long estate administration takes, and the steps you can take to protect yourself while carrying out your duties.
What does an executor do after someone dies?
An executor is responsible for administering the estate of someone who has died. In simple terms, this means identifying what they owned, paying any debts and liabilities, and ensuring the remaining assets are passed to the correct beneficiaries.
Your responsibilities begin on the date of death and continue until the estate has been fully administered. Depending on the circumstances, you may need to apply for probate before banks, investment providers and other organisations will release assets.
While many people think being an executor is largely administrative, there are important legal duties involved. Following the correct process is crucial because mistakes can sometimes leave an executor personally liable.
Key takeaways
- An executor’s responsibility begins on the date of death.
- Probate gives an executor the legal authority to deal with certain estates.
- Inheritance Tax may need to be dealt with before probate can be issued.
- Debts and liabilities should be settled before beneficiaries receive their inheritance.
- Executors can be personally liable if an estate is administered incorrectly.
What are an executor’s first duties following a death?
In the early stages, the focus is on protecting the estate and gathering information.
In England and Wales, a death normally needs to be registered within five days of being notified that registration can take place. It is usually sensible to obtain several certified copies of the death certificate as banks, insurers and other organisations often require their own copy.
Other important first steps include:
- Locating the original Will and checking whether it is the latest version.
- Contacting banks and financial institutions.
- Ensuring any empty property remains secure and adequately insured.
- Using the Tell Us Once service where available.
- Confirming funeral arrangements and understanding how costs will be paid.
It is also important to keep records from the outset. Retaining receipts, valuations, correspondence and financial statements can make the administration process significantly easier later on.
Do you always need probate?
No.
Not every estate requires probate. Whether it is needed depends on the type and value of the assets involved and the requirements of the organisations holding them.
For example, some jointly owned assets may pass automatically to the surviving owner. Certain banks and building societies may also release funds without a grant of probate where balances fall below their internal thresholds.
A grant of probate is more commonly needed where the estate includes:
- Property held solely in the deceased’s name.
- Shares or investment portfolios.
- Significant savings or financial assets.
- Assets that institutions refuse to release without formal authority.
Where there is no valid Will, a different legal process applies and the person dealing with the estate may need to apply for Letters of Administration instead.
Because every estate is different, it is often sensible to seek advice before making major decisions relating to estate assets.
How long does it take to administer an estate?
There is no fixed timescale, but many straightforward estates take between 12 and 18 months to complete.
A number of factors can influence how long the process takes, including:
- The size and complexity of the estate.
- Whether probate is needed.
- Inheritance Tax requirements.
- The sale of property.
- Missing assets or beneficiaries.
- Disputes between family members.
The probate application itself may take several months to be processed. After probate has been granted, assets still need to be collected, liabilities settled and the estate accounts prepared before distributions can be made.
Typical stages of estate administration
| Stage | Typical timing |
| Registering the death | Within 5 days |
| Valuing the estate | Varies |
| Submitting tax information | Varies |
| Paying Inheritance Tax (if due) | Usually within 6 months of the end of the month of death |
| Applying for probate | Commonly 2 to 3 months |
| Creditor notice period | At least 2 months |
| Full estate administration | Often 12 to 18 months |
Many estates move according to the pace of tax and asset collection rather than the probate application itself.
Can an executor be held personally responsible for mistakes?
Yes.
Although executors are often family members acting out of goodwill, they still have legal responsibilities.
Problems can arise where assets are distributed before all liabilities have been identified. For example, if a creditor later emerges or an outstanding tax liability is discovered after beneficiaries have received their inheritance, the executor may be required to resolve the shortfall.
For this reason, executors should ensure:
- All known debts have been settled.
- Estate assets have been properly valued.
- Tax obligations have been addressed.
- Appropriate notices have been considered where necessary.
- Clear records are maintained throughout the administration.
Many executors seek legal support when an estate involves a business, overseas assets, complex tax issues, blended families or the possibility of disputes.
Obtaining advice early can often prevent costly complications later.
What should you do if you have been named as an executor?
The process will vary depending on the estate, but these six steps provide a useful framework:
- Register the death and obtain certified copies of the death certificate.
- Locate the original Will and confirm it is the latest version.
- Contact banks, lenders, pension providers and other asset holders.
- Establish the value of the estate and any tax liabilities.
- Apply for probate where required.
- Collect assets, settle liabilities and distribute the estate.
Throughout the process, it is important to maintain accurate records and retain supporting documents.
Beneficiaries are entitled to information about how an estate has been administered, and clear records can help answer any questions that may arise.
Common questions about being an executor
Can you refuse to act as an executor?
Yes.
In many cases, someone who has been appointed as an executor can choose not to act, provided they have not already started administering the estate. The options available depend on the circumstances, so it is sensible to seek advice before making a decision.
Does an executor get paid?
Family members and friends acting as executors are not usually paid for carrying out the role unless the Will specifically provides for this.
Reasonable expenses incurred during the administration of the estate can generally be reimbursed from estate funds.
Can there be more than one executor?
Yes.
Many Wills appoint two or more executors. Where multiple executors are acting together, it is important that decisions are coordinated and that estate funds remain separate from personal finances.
When is Inheritance Tax payable?
Inheritance Tax is only payable in certain circumstances and depends on the value of the estate and the reliefs or exemptions available.
For many estates, no Inheritance Tax will be due because allowances and exemptions apply. Transfers between spouses and civil partners are often exempt, and additional reliefs may also be available.
However, where tax is payable, it commonly needs to be addressed before probate can be granted. As tax rules are complex and subject to change, professional advice is often worthwhile.
How Bromleys can help executors
Acting as an executor can feel overwhelming, particularly when you are dealing with the loss of someone close to you. While many people are able to manage parts of the process themselves, professional advice can provide reassurance that everything is being handled correctly and reduce the risk of costly mistakes.
Our experienced Private Client team can support you at any stage of the probate process. Whether you need guidance on obtaining probate, dealing with Inheritance Tax, administering an estate, or resolving a more complex issue, we can provide clear, practical advice tailored to your circumstances.
If you have been named as an executor and would like help understanding your responsibilities, call us on 0161 884 0903 or email bromleys@bromleys.co.uk to find out how we can support you.