When someone dies, everything they own - known as their estate - must be carefully managed and distributed in accordance with their wishes as set out in their will. This process involves not only passing assets to the chosen beneficiaries but also handling debts, taxes and legal formalities along the way. For many, this can be a daunting and emotional task, especially during a time of grief.
At Walker Foster, we aim to make the process as straightforward and stress-free as possible by providing clear, practical guidance. In this guide, we answer some of the most commonly asked questions about probate, including “What does an executor of a will do?” and “How can an executor of a will fulfil their role responsibly and lawfully?”
An executor has an important and trusted role in making sure a person’s final wishes are carried out correctly and in line with the law. Their duties are wide-ranging and require both practical and legal responsibility. Key areas of responsibility include:
In most cases, registering the deceased's death is carried out by the next of kin. However, if they are unable to do so, the responsibility may fall to the executor. This is done at the local registry office, where the death is officially recorded, and the necessary documentation is issued. The registrar will provide the death certificate, which is a vital legal document required for many aspects of estate administration, including applying for probate, notifying financial institutions, and managing the deceased’s affairs.
The first step is to find the valid, signed will and keep it safe, as this document forms the legal basis for all decisions and actions taken during the administration of the estate. Without it, the process cannot proceed according to the deceased person's wishes.
The executor must contact all relevant organisations to inform them of the death. This includes banks, building societies, pension providers and investment companies. The purpose is to stop transactions, secure the assets, and arrange for accounts to be frozen while the estate is settled.
Probate is not always required to administer an estate, but will always be needed if there is a property to sell. Probate is a Court Order stating who is legally entitled to manage the deceased’s affairs.
The executor must identify every item in the estate, from property and valuable possessions to financial assets such as bank accounts, shares and investments. This involves arranging valuations, securing the deceased's assets, and keeping detailed records throughout the process.
If the estate is subject to Inheritance Tax, the executor must calculate the amount owed and arrange for payment to HMRC. In many cases, this needs to be done before probate is granted, which may involve using funds from the estate or arranging alternative payment methods.
If assets such as shares, investments, or property are sold during the administration process, the executor is responsible for calculating and paying any Capital Gains Tax that becomes due.
Before any distribution to beneficiaries, all the debts - including utility bills, credit cards and personal loans - must be settled using funds from the estate. The executor must also deal with final income tax returns and any other tax liabilities.
Once all liabilities have been met, the executor divides the remaining assets in strict accordance with the instructions in the will. This must be done without favouritism or deviation, even if beneficiaries are family or close friends.
Throughout the process, the executor must treat all beneficiaries fairly and avoid any personal gain or conflicts of interest. Transparency, careful record-keeping, and a commitment to the will’s instructions are essential to fulfilling this role lawfully and ethically.
An executor can be anyone aged 18 or over who is mentally and physically capable of managing the responsibilities involved. This could be a family member, a trusted friend, or a professional executor such as a solicitor. Whoever accepts the role should be fully aware that they will be legally responsible for executing the terms of the will and correctly administering the estate. It is not a role to be taken lightly - an executor must be prepared to dedicate the necessary time, attention and care to the process.
Failing to meet these obligations - whether through inaction, errors or misconduct - can leave the executor personally and legally liable for any resulting loss or damage to the estate.
An executor holds a position of trust and must take care to avoid any actions that could harm the estate or breach their legal duties. They must not:
If a will names more than one executor, they are generally expected to act together, making joint decisions and signing documents collectively. This helps ensure the estate is administered fairly and in line with the will’s instructions. However, if an executor feels unable or unwilling to take on the role - whether due to personal circumstances, time commitments, or other reasons - they can formally step aside. This is done by signing a Deed of Renunciation, a legal document that confirms they will have no involvement in administering the estate.
The time it takes to complete probate can vary greatly depending on the size and complexity of the estate. In straightforward cases - for example, where the deceased had no property and there are no difficulties locating beneficiaries - the process can often be completed within around six months. Larger estates without property may take up to a year, while more complex estates, particularly those involving property sales or multiple assets, can take up to two years to fully administer.
When a person dies without leaving a will, they are said to have died intestate. In this situation, the law decides how their estate will be distributed, following the rules of intestacy. If someone wishes to take on the responsibility of managing the estate, they must apply for Letters of Administration. This legal document grants them the authority to collect assets, pay any debts, and distribute the estate in accordance with the law.
At Walker Foster, our dedicated wills and probate team has extensive experience in ensuring estates are administered smoothly, fairly, and in full accordance with the deceased’s wishes. We understand that taking on the role of executor can feel overwhelming - it carries legal responsibilities, detailed administrative tasks, and, often, the emotional weight of handling a loved one’s affairs.
We are here to make your role as executor as straightforward as possible. From the moment you contact us, we will guide you through each stage of the process, explaining your duties clearly and helping you avoid common pitfalls. Our support covers everything from applying for probate and valuing assets to paying debts and taxes, and distributing the estate to beneficiaries.
With our professional expertise and personal approach, we provide not only practical solutions but also reassurance and peace of mind. You can rely on us to act with integrity, transparency and care, ensuring that your role as executor is carried out efficiently, lawfully and with the respect the estate deserves.
Speak to our Wills and Trusts team today to find out how they can help. You can contact us here to find out more.
Powers of Attorney (PoA) and Lasting Powers of Attorney (LPA) provide peace of mind that, should you become unable to make decisions yourself, a trusted person you have chosen will act on your behalf. They will be able to manage your affairs in line with your wishes, ensuring important matters are handled with care and responsibility.
When a loved one passes away, going through the process of administering their estate will always be emotional and complex. But when the original will cannot be found, the situation becomes even more difficult - raising questions about the deceased’s true intentions and creating uncertainty for those left behind.
After talking to clients about the planning of their affairs, we at Walker Foster discovered a common misunderstanding over the difference between an executor and an attorney.
When discussing lasting powers of attorney (LPAs) with clients, usually their immediate concern is appointing an attorney to deal with their personal affairs. But this overlooks another key question: who would run your business if you were ill, or had an accident and lost capacity?
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