What is an executor?

Whether someone's asked you to be the executor of their estate, or you’re looking to choose executors for your own will, the legal aspects of wills and estates can seem complicated. If you're not sure what to do, it's a good idea to seek specialist legal advice. 

What is an executor?

An executor is legally responsible for carrying out the instructions in the person's will and handling their estate. Someone's 'estate' is everything they own – including their money, property and possessions. 

Can I have more than one executor?

Anyone who makes a will must name at least 1 executor, and can appoint up to 4 executors so that the responsibility is shared. If there's more than 1 executor, all decisions must then be made jointly. Often, at least 2 executors are appointed, just in case one dies or is otherwise unable to carry out their duties.

Who should I choose to be an executor?

You can act as an executor even if you're going to inherit something from the will. In fact, an executor is often a spouse, child or other family member. 

How do I choose executors for my will?

Being an executor isn't easy. It can take up a lot of time and energy, and it might be the last thing someone feels like doing when they're grieving. So it's important that you think carefully about who you choose – explain what’s involved and make sure that they're willing to take on the responsibility of the role.

If someone's asked you to be an executor of their estate, think carefully before you agree to take on the responsibility because it's tricky to step down from the role. For example, if the person's died and you've already started to deal with the estate, you can't step down unless you have a good reason, such as ill health or a family emergency.

What if I don’t have anyone who can be an executor?

If you don’t have anyone that you feel would be suitable, or your family and friends don’t want to take on the role, you could appoint a professional executor, such as a solicitor or an accountant. This can be especially useful if your estate is particularly large or complicated. A professional executor will charge for their services and this will be paid for out of your estate.

What do executors do?

If you’re the executor of the estate you’ll have a number of responsibilities, such as:

• making sure the property owned by the person who's died is secured as soon as possible after the death
• collecting all assets and money due to the estate of the person who's died (including property)
• paying any outstanding taxes and debts (out of the estate)
• distributing the estate to the people who are entitled to it under the terms of the will
• arranging the funeral – whether or not the will contains specific instructions to do so.

You can claim reasonable expenses from the estate for your work, such as funeral costs and grant of probate application fees. Solicitors can help you with your role as an executor, though you'll need to pay them for their time.

What is probate?

A grant of probate gives you the legal right to deal with someone’s estate. If you're the executor of someone's estate, you'll need to apply for probate – you can either apply by post or online.

You may not need a grant of probate for a smaller estate (usually less than £5,000). In this case, write to the deceased person's bank, building society or whoever's holding the money and ask whether they'll make a payment to you without receiving a grant of probate. 

Find out more about how to apply for probate