Being an executor of a will

Appointing a solicitor to help

Most people appoint a solicitor to do the day-to-day work of carrying out the wishes that are included in the will. But you can do it all yourself or ask a solicitor to do some of the more technical bits for you if you prefer. Your decision will probably come down to how much time you have and how complex the affairs of the person who died are. 

It’s often a good idea to contact at least three firms of solicitors to get quotes. 

Some solicitors charge a fee that's a percentage of the value of the property, money and possessions that the person who died left behind. Others charge on an hourly basis or quote a fixed fee. If they charge a fixed fee check the circumstances when you may be charged more than this. The cost of a solicitor is usually paid for by the estate (that means that the solicitor's fees must be covered by the money and/or possessions that the person who died left behind). 

To find solicitors in your area with wills and probate experience, try the Law Society’s Find a Solicitor service.

Executor duties explained 

Executors have five main responsibilities. These are:

• sorting out the initial practical arrangements
• valuing the estate 
• working out if inheritance tax is due and paying it 
• applying for probate 
• distributing the estate.

Initial practical arrangements

Check you have the most up to date will and whether the deceased left any instructions about their funeral. Did they have a pre-paid funeral plan or an insurance policy to cover the costs.

Executors often register the death and arrange the funeral. But remember any funeral costs can be taken from the deceased’s estate. 

Valuing the estate

To value someone’s estate you need to establish exactly what the  deceased owned and what they owed (mortgages, credit cards). You’ll need to contact various institutions such as the deceased’s bank, life insurance company, utility suppliers and their employer or pension provider. Notify each organisation of the death and ask how much the person who died was due or owed at the date of their death.

Work out if inheritance tax is due

Depending on the value of the estate there may be inheritance tax to pay:

• If no inheritance tax is due and the estate is classified as an “excepted estate” no additional IHT form is required. All the information is completed as part of the probate application. 
• However, you’ll need to complete form IHT400 if the estate isn’t an excepted estate there is inheritance tax to pay. 
• If you would like help filling in the forms contact HMRC’s probate and inheritance tax helpline on 0300 123 1072.

Inheritance tax needs to be paid before probate is granted which can cause difficulties. However, check if there is a life insurance policy written in trust as this will pay out without probate. Alternatively, you can ask banks or building societies to pay some or all of the tax due from the accounts of the deceased directly to HMRC using the Direct Payment Scheme. Another possible option is to get a loan from the deceased’s bank.

Applying for probate

Usually, you need to apply for probate before anyone can inherit any money, property or possessions as set out in the will. 

However, there are exceptions. For more on probate see our guide.

Distributing the estate

Once you’ve got the grant of probate, send copies to each organisation and ask them to release it to you. Ordinary photocopies won’t be accepted so you’ll need the Probate Registry to give you enough extra certified copies. It’s a good idea to open an executor bank account to pay this money into. 

Once you have collected all the money, you must pay off any debts that the deceased had. Any remaining money, property and possessions should be distributed according to the will. 

Your final job is to complete estate accounts, showing everything that has come in and what has been paid out, and get them approved and signed by the beneficiaries (the people who inherit under the terms of the will).