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The Executor’s Role Explained: Duties, Checklist and Next Steps

Francesca Nelson

Probate

Quick answer: An executor is the person appointed in a will to deal with the deceased’s estate. Executor duties include finding the will, registering the death, valuing assets, dealing with HMRC, applying for probate where needed, paying debts, and distributing the estate. Executors have legal responsibility throughout and can face personal liability if mistakes are made.

Being named the executor of a will can feel like both an honour and a burden. Most people do not expect the job until a death in the family suddenly puts paperwork, deadlines, and difficult decisions in front of them.

If you are dealing with a death in London, the role often involves more than simply reading the will. You may need to deal with HMRC, banks, pension providers, utility companies, the Probate Registry, and in many cases a property. If that property is in a borough such as Camden, Croydon, or Richmond, its value may have a major effect on inheritance tax and the probate process.

This guide explains what an executor does, what executor duties matter most, and when professional support may be worth the cost. It includes a practical checklist you can follow step by step.

What is an executor of a will?

An executor is the person chosen in a will to administer the estate. In plain terms, they take charge of the practical and legal steps after someone dies. There can be one executor or several. Many wills appoint a spouse, adult child, close friend, or solicitor. In London, it is common to see family members named alongside a professional adviser, especially where there is a high-value home, business interests, or a blended family.

Executor duties matter because the estate must be handled properly, fairly, and in line with the law. If the executor acts carelessly, pays beneficiaries too soon, or overlooks tax, that can create personal risk.

Executor responsibilities checklist

Find the original will

Start by locating the latest signed original will. Check the deceased’s home, safe storage, bank, or the office of the solicitor who prepared it. Do not rely on a copy if the original may still exist. The original document is usually needed for the probate application.

Register the death

In England and Wales, the death normally needs to be registered within five days, unless the coroner is involved. Obtain several certified copies of the death certificate, which you will need for banks, insurers, and property matters.

Secure property and assets

Make sure any home, car, and valuables are safe and insured. If the deceased lived alone, check whether the home insurer needs to be told that the property is now empty. Redirect post where appropriate and keep a list of all incoming bills and statements.

Notify banks and institutions

Tell banks, building societies, pension providers, DWP, utility companies, investment providers, and insurers about the death. Ask each institution for date-of-death valuations and confirmation of what they need from the executor.

Value the estate

You need to work out what the deceased owned and owed. This includes bank accounts and savings, pensions and investments, property, personal possessions, debts, loans, credit cards, and funeral expenses. Property values are especially important in London, where even a modest home can push an estate into a higher tax bracket. See our guide on how inheritance tax works for London property owners.

Check if probate is needed

Not every estate needs a grant of probate. It depends on the assets involved and each institution’s rules. A jointly owned bank account may pass automatically to the surviving account holder, while a sole-owned property often requires probate. Our detailed guide on how to apply for probate in London covers the full process.

Deal with HMRC and inheritance tax

The executor must assess whether inheritance tax is due and submit the correct information to HMRC. Even where no tax is payable, reporting requirements may still apply. Tax may be relevant where there is a valuable London property, large savings or investments, gifts made before death, or trusts or business assets. Inheritance tax can affect timing because some payments may be due before probate is issued.

Pay debts and expenses

Before beneficiaries receive anything, settle valid debts and administration expenses. That may include utility bills, credit cards, care fees, tax, and legal costs. This is one reason not to distribute the estate too early.

Distribute assets to beneficiaries

Once debts, tax, and expenses are dealt with, you can distribute the estate according to the will. If there is any chance of a claim against the estate, take advice before making final distributions. See our case study on how a contested will is handled in London for what can happen if a dispute arises.

Keep full records

Keep copies of bank statements, valuations, tax forms, invoices, receipts, and correspondence. Beneficiaries may ask for an estate account showing what came in, what went out, and what was distributed. Good records are one of the best protections an executor has.

Acting yourself vs using a probate solicitor

Acting yourself may suit you if the estate is straightforward, there is a clear will, there is no dispute, there is no complex tax issue, and you have time to deal with forms and institutions.

Using a probate solicitor may help if the estate includes a London property, inheritance tax may be due, there are missing assets or unclear records, family members disagree, the will is contested, or you live far away or cannot manage the workload. For more on this decision, read our guide on whether you need a solicitor for probate.

Can you refuse to be an executor?

Yes. You do not have to act just because you were named in the will. If you have not started dealing with the estate, you may be able to step aside formally, often called renouncing probate. If you have already started acting, your options may be more limited, so advice is sensible early on.

Frequently asked questions

Do I always need probate if I am the executor of a will?
No. Some estates can be dealt with without probate, but sole-owned property and larger asset holdings often require it.

Can an executor be a beneficiary?
Yes. In the UK, an executor can also inherit under the will.

How long does executor work take?
It varies. A simple estate may take several months, while a more complex estate involving property, tax, or disputes can take considerably longer.

Am I personally liable as an executor?
Potentially, yes. If you make serious mistakes, such as paying beneficiaries before settling debts, personal liability can arise.

Can I get help with just part of the job?
Yes. Some solicitors offer limited support, such as help with probate forms, tax reporting, or estate accounts, rather than full administration.


Acting as an executor can feel daunting, but most estates become more manageable when approached step by step. Contact Freeman Harris Solicitors for practical guidance at any stage of the process.

Related: How to Apply for Probate | Do I Need a Solicitor for Probate? | Contesting a Will: A London Case Study

How can we help?

Contact our team anytime for a no-obligation chat about your legal matter. Once you speak with us, you will notice the difference yourself.

Call 0207 790 7311 or email contact@freemanharris.co.uk.

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