What Does an Executor of a Will Do? UK Duties & Step-by-Step Guide

Key Takeaways

1. An executor of a will plays a vital role in estate administration, ensuring the deceased’s wishes are carried out correctly in England and Wales.
2. Executor duties in the UK include valuing the estate, settling debts, paying inheritance tax, and distributing assets to beneficiaries in line with the will.
3. Failing to properly fulfil executor responsibilities can result in legal disputes, financial penalties, or even personal liability for mistakes.
4. Applying for probate is often essential before managing or accessing a deceased’s assets, so understanding this legal step is critical for all executors.
5. If you are unsure about your obligations or face complex issues, using expert guidance or smart tech tools such as Go-Legal AI helps you avoid costly errors.
6. Executors must always act in the best interests of all beneficiaries and adhere to key timelines—delays or missed duties can trigger legal challenges.
7. Go-Legal AI is rated Excellent on Trustpilot with over 170 five-star reviews from real users.
8. Our platform offers step-by-step executor checklists, legally compliant templates, and user-friendly tools to help anyone in the UK complete their role with confidence.

What Does an Executor of a Will Do in England & Wales?

Appointed as an executor and feeling uncertain where to begin? Many business owners and families experience similar worries. The executor’s role involves significant legal duties in England and Wales. If something is overlooked or handled incorrectly, you could be held personally liable or become involved in disputes between beneficiaries.

Understanding exactly what an executor of a will does in the UK protects your position and the rights of those named in the will. Executors must administer the estate: securing property, valuing assets, dealing with debts and inheritance tax, and making distributions precisely as outlined in the will. Skipping a step, or misunderstanding the process, can lead to penalties or prolonged legal battles.

To help, this guide breaks down every key duty into simple, actionable steps. You’ll find timelines, checklists, and essential tips. You can also leverage our AI-driven legal tools and templates, designed to help you manage executor tasks efficiently and confidently—minimising stress for both you and the beneficiaries.

Who Can Be an Executor of a Will in the UK?

In England and Wales, any person aged 18 or older with mental capacity can act as an executor. There’s no requirement for legal or financial qualifications. Executors are commonly close family members, friends, or trusted business partners, and it’s perfectly legal for an executor to also be a beneficiary.

You can name up to four executors to act together, sharing responsibility. However, no one should act as both a witness and executor for the same will. If an executor is bankrupt or loses mental capacity before probate, they become ineligible.

Executor Duties and Legal Responsibilities Explained

The core responsibility of an executor in England and Wales is estate administration, following UK law and the instructions in the will. Key duties include:

• Registering the death and obtaining the official death certificate.
• Arranging or supporting funeral plans, following any specific wishes in the will.
• Securing property and valuables (such as changing locks and updating insurers).
• Compiling a detailed inventory of all assets (homes, vehicles, savings, investments, and digital assets).
• Notifying relevant organisations (banks, HMRC, pension funds, utility companies).
• Paying off all debts and settling any outstanding bills from estate funds.
• Calculating and paying any inheritance tax due, reporting to HMRC.
• Distributing the estate according to the will’s instructions.

Executors must always act in the “best interests” of the estate, with absolute honesty and impartiality. Misusing estate funds or prioritising certain beneficiaries, even accidentally, can trigger personal liability.

Step-by-Step: What to Do First as an Executor

Taking immediate, organised action is vital. Here’s a practical checklist for the initial executor steps in England and Wales:

1. Obtain the death certificate—essential for all subsequent processes.
2. Locate the will—to identify funeral wishes and appointed executors.
3. Secure all property and valuables—change locks if necessary.
4. Inform close relatives, employers, and key contacts—ensuring people are notified respectfully.
5. Register the death with institutions—use the government’s ‘Tell Us Once’ service for efficiency.
6. List and value all assets and debts—accounting for everything, from property to online accounts.
7. Keep detailed records—log every action, decision, and payment.

If you find keeping track difficult, our interactive checklist guides you through each action, flags important dates, and stores your records securely.

How to Value the Estate and Identify Assets

Proper estate valuation is a foundation of executor duties. All assets—homes, cash, pensions, vehicles, shares, and digital assets (such as PayPal, crypto, or intellectual property)—must be identified and correctly valued as at the date of death. At the same time, executors must identify all debts and liabilities, such as mortgages, credit cards, tax bills, and even utility arrears.

Where appropriate, obtain formal valuations (for property or specialist assets) to avoid disputes or errors that could affect inheritance tax calculations or future distributions. Hidden or forgotten assets are a common pitfall.

Our asset discovery tool and digital checklist walk you step by step through asset hunting, minimising the risk of hidden items or valuation disputes.

Applying for Probate: What Executors Need to Know

Probate is the legal authority for executors to manage the deceased’s estate. In England and Wales, probate is required if the deceased owned property or significant assets in their own name. Some jointly-held or smaller estates may not need probate—always check with banks and asset holders.

Probate application stages:

1. Confirm if probate is required—consider all asset types and ownership.
2. Complete full estate valuation—essential for tax and probate applications.
3. Report and pay inheritance tax (if due)—submit the correct forms to HMRC.
4. Apply for probate—either online or by post, including all supporting documents.
5. Pay relevant probate fees—currently set by HMCTS.
6. Receive the Grant of Probate—the court’s official authority to act as executor.

Inheritance Tax and Settling Debts: Avoiding Personal Liability

Executors must ensure all legitimate debts and taxes are paid before any distribution. Inheritance tax (IHT) generally applies to estates exceeding £325,000 (subject to current rules and exemptions like the residence nil-rate band). Executors are responsible for calculating, reporting, and paying all tax and other outstanding financial obligations.

Key tasks for executors:

• Contact all creditors—identify settled and outstanding debts.
• Pay IHT and any other HMRC taxes before distribution.
• Ensure debts are paid in the correct priority (taxes and funeral costs before other bills).

Personal liability arises if you distribute assets before settling all debts and taxes. Creditors and HMRC can pursue the executor personally if mistakes are made.

Our tax workflow and deadline tracker alert you to all tax and payment deadlines, making compliance straightforward and reducing anxiety about missing obligations.

Distributing the Estate: Best Practices for UK Executors

Distributions should only occur after all debts and taxes have been settled and, ideally, once you receive a clearance letter from HMRC. Rushing this step can trigger legal claims or disputes.

To distribute the estate smoothly:

• Notify each beneficiary of their inheritance in writing.
• Keep and share clear records with beneficiaries showing how all funds are allocated.
• Request written acknowledgment for all distributions (using simple receipt forms).
• Communicate regularly throughout the process, especially if delays arise.

Use our automated beneficiary acknowledgment templates to simplify this step and keep your records watertight.

Executor Risks: What Can Go Wrong?

The executor role carries personal risk. Common mistakes, such as missed tax payments or overlooking debts, can attract court action or personal claims. Not keeping accurate records or distributing assets too soon puts you at risk.

Typical risk scenarios for executors:

Executor Timelines and Deadlines: Your Essential Checklist

Meeting key deadlines helps executors avoid penalties, disputes, or legal delays. Use the table below as your UK executor’s timeline reference.

Our digital checklist tailors these deadlines to your scenario—ensuring no crucial date is missed.

Executor, Beneficiary, and Co-Executor: Understanding the Differences

Executors, beneficiaries, and co-executors have distinct legal roles:

• Executor: Carries out the terms of the will, legally responsible for estate administration.
• Beneficiary: Receives assets as described by the will.
• Co-Executor: Shares the executor role with one or more others; must act jointly and share decisions.

You may be both executor and beneficiary, but joint executors must collaborate and keep beneficiaries informed. Conflicting interests, particularly between co-executors, can slow the process or cause disputes.

Common Mistakes Executors Make—And How to Avoid Them

Executors often make errors due to inexperience or rushed processes:

• Missing or undervaluing assets:
  • Overlooking bank accounts, digital wallets, or forgotten investments.
  • Solution: Use document tracking and checklists to ensure nothing is missed.
• Inadequate communication:
  • Not updating beneficiaries results in suspicion or conflict.
  • Solution: Share regular status updates and set expectations early.
• Missing HMRC or probate deadlines:
  • Late tax or administrative filings trigger penalties or delays.
  • Solution: Use automated reminders to keep deadlines visible and actioned.
• Premature distribution:
  • Distributing assets before settling debts and taxes exposes the executor.
  • Solution: Follow legal best practice: wait for HMRC clearance and retain surplus funds for unexpected claims.

When Should You Seek Help as an Executor?

Executors should seek additional support when:

• The estate is complex (e.g. includes companies, overseas property, or high-value assets).
• There is conflict between beneficiaries or co-executors.
• Uncertainty arises around tax or legal filings.
• You feel out of depth with forms, deadlines, or asset discovery.

Digital tools streamline the routine and reduce risk, but for contentious or technically complex estates, access to a UK legal expert is strongly recommended.

Go-Legal AI: The Smart Solution for Executors in England & Wales

Go-Legal AI is designed to empower executors across England and Wales:

• AI-Driven Checklists: Customisable, up-to-date plans flag deadlines and compliance steps, helping you avoid missed actions as UK rules evolve.
• Legally-Vetted Templates: Create official notices, document receipts, and probate forms optimised for English and Welsh law.
• Risk and Omission Audits: Our automated reviews identify missing documents, incomplete asset lists, or hidden risks before you submit anything.
• Integrated Legal Support: If complications or disputes arise, connect instantly with vetted professionals.

Executors, families, and business owners rely on our platform for clarity, structure, and digital confidence. From interactive timelines to risk scores and receipts, our features close the gaps other products leave—minimising risk and maximising peace of mind across every stage of administration.

Manage Executor Duties Confidently—The Go-Legal AI Way

Trying to fulfil executor duties in England and Wales without robust support can quickly become overwhelming and expose you to serious mistakes, delays, or even legal liability. Every misstep—missed asset, delayed tax payment, or incomplete paperwork—can affect grieving families and your own financial position.

With Go-Legal AI, you gain a comprehensive suite of tools: AI-powered checklists, digital templates, automated deadline reminders, and risk reviews, all tailored for UK executors. Our platform is built for real people—no legal background required. Take control, cut stress, and ensure every duty is met confidently and on time.

Ready to simplify estate administration? Sign up for Go-Legal AI and see how our executor toolkit transforms your experience—free for seven days.