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What Does Being an Executor Of A Will Actually Involve?

Being named as an executor in someone’s will is both an honour and a significant responsibility. It means the person who passed away trusted you to carry out their final wishes and manage their affairs with care. If you’ve recently been asked or discovered you’re an executor, you might be wondering what this actually means and what you need to do next.

The good news is that you don’t have to navigate this alone. While the role comes with important duties, understanding the process and knowing when to seek help can make all the difference.

Understanding Your Role

As an executor, you’re taking on a duty to act honestly, carefully, and impartially. This isn’t just a moral obligation—it’s a legal one. You’ll be responsible for collecting the deceased person’s assets, paying any debts and taxes, and distributing what remains to the beneficiaries according to the will.

It’s important to understand from the outset that you can be held personally liable if mistakes are made. For instance, if you distribute assets too quickly before all debts are settled, or if you fail to properly insure property, you could find yourself financially responsible. This might sound daunting, but it’s not meant to frighten you—rather, it’s why understanding the process thoroughly and seeking professional guidance is so valuable.

Many of our clients at Hutchinson & Buchanan come to us partway through the process when they realise it’s more complex than expected. There’s no shame in this—in fact, it’s often the wisest decision an executor can make. 

Last Will

What Happens First?

The first practical steps are relatively straightforward. You’ll need to register the death and obtain an official death certificate—you’ll need several copies as various organisations will require them. Next, locate and verify the last valid will. Sometimes this is easy, but other times it requires some detective work.

Once you’ve found the will, your immediate priority is protecting the deceased’s property and valuables. This might mean changing locks on their home, securing valuable items, and ensuring adequate insurance is in place. You’ll also need to notify banks, building societies, insurance companies, and other asset holders of the death.

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Taking Stock of the Estate

One of your core responsibilities is creating a comprehensive picture of everything the deceased owned and owed. This means making an initial list of all assets—property, bank accounts, investments, vehicles, personal belongings, and yes, even digital assets like online accounts or cryptocurrency. You’ll also need to identify all debts, from mortgages and loans to utility bills and credit cards.

Getting accurate valuations is crucial. Property needs professional valuation, investments must be valued as of the date of death, and even personal items of significant value should be properly assessed. These valuations aren’t just helpful—they’re necessary for tax purposes and to ensure fair distribution to beneficiaries.

This is where many executors begin to realise the time commitment involved. What might seem like a straightforward estate can reveal layers of complexity. Perhaps there are overseas assets, business interests, or family trusts. The deceased might have had accounts you weren’t aware of, or debts that surface unexpectedly.

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Dealing with Tax and Obtaining the Grant of Probate

Inheritance tax is an area where professional advice is essential. Tax law and thresholds are ever-evolving, and what applied last year might not apply now. You may need to complete inheritance tax forms and if so, you will need to do so accurately. You will also need to pay any inheritance tax due before you can proceed further.

Once any inheritance tax matters are addressed, you’ll apply for the Grant of Representation—this is called a Grant of Probate when there’s a valid will, or Letters of Administration in cases of intestacy (where there is no will). This legal document gives you the authority to access and manage the estate’s assets. Without it, most financial institutions won’t release funds or allow you to act.

Managing the Estate

With the Grant in hand, you can now close or transfer accounts, but your work is far from over. If there’s property involved, you’ll need to maintain it—arranging repairs, collecting rent if it’s let, paying ongoing bills, and keeping it insured. These ongoing responsibilities can extend for months, and it’s another aspect of the role that executors often underestimate.

You must keep meticulous records of every penny that comes in and out of the estate. This isn’t optional—it’s a legal requirement, and you’ll need to retain these records for a suitable period. Poor record-keeping is one of the pitfalls that can land executors in serious difficulty, particularly if beneficiaries later question your decisions or if tax authorities need to review the estate.

Paying What’s Owed

Before any beneficiary receives a penny, you must settle debts in the correct legal order. Funeral costs and administration expenses come first, followed by taxes, then other debts. Getting this order wrong can create significant problems.

One protective step you can take is advertising for unknown creditors—typically in the London Gazette and a local newspaper. This might seem excessive, but it protects executors from personal responsibility from claims that might emerge after you’ve distributed the estate. Imagine discovering a creditor months after you’ve paid out to beneficiaries—you could be personally liable for that debt.

Missing tax deadlines, failing to identify all creditors, or not getting proper valuations are all common pitfalls. It’s not that executors are careless—it’s that the process is more intricate than most people realise, with legal requirements that aren’t always obvious to someone handling an estate for the first time.

How do you improve something that is perfect?

Distributing the Estate

Only after all debts, taxes, and administration expenses are fully paid can you begin distributing the estate. The will may specify particular gifts—perhaps jewellery to a grandchild or a sum of money to a friend. These legacies are paid out first from what remains.

What’s left after all of this is called the “residue,” and this is divided among the remaining beneficiaries according to the will’s instructions. Before making any payments, you should verify beneficiaries’ identities and check their bankruptcy status—paying funds to someone who’s bankrupt, for instance, creates complications you’ll want to avoid.

When you do make distributions, always obtain signed receipts. This protects you and provides clear evidence that you’ve fulfilled your duties. Never distribute everything if there’s any doubt about whether sufficient funds remain to cover potential liabilities.

You may need to obtain tax clearances from HM Revenue & Customs before making final distributions, and you should prepare detailed estate accounts for beneficiaries to review. Transparency here is crucial—it prevents disputes and demonstrates that you’ve acted properly. 

The Human Side of Being an Executor

Beyond the legal and financial aspects, there’s an emotional dimension that’s often overlooked. You’re likely grieving yourself while managing these responsibilities. Meanwhile, beneficiaries may be impatient, perhaps not understanding why the process takes so long or why they can’t receive their inheritance immediately.

Family disputes can arise, particularly if someone feels the will is unfair or if there are disagreements about how assets should be valued or distributed. Managing these expectations requires patience, clear communication, and sometimes a thick skin. Having a solicitor handle communications can remove you from the emotional firing line while ensuring everything is managed properly and impartially.

The process is lengthy and requires patience—there’s simply no way around this. Even straightforward estates take considerable time to administer properly, and complex estates can extend far longer. If the estate is insolvent or involves complicated assets, specialist advice isn’t just recommended—it’s essential.

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You Don’t Have to Do This Alone

Here’s something important to understand: while you cannot delegate your core responsibilities as an executor, you absolutely can—and often should—instruct professionals to help you. Solicitors, accountants, and other specialists can handle much of the technical work while you retain overall responsibility and decision-making authority.

If you’re feeling overwhelmed or uncertain about taking on the role, you do have options. You can formally renounce your role as executor before you accept the position. Even after you’ve begun, professional help can take over much of the burden, making the process far less stressful.

It’s significantly less stressful to engage the services of a solicitor, particularly one experienced in estate administration. At Hutchinson & Buchanan, we’ve been guiding executors through this process for generations. As the oldest and most experienced law firm in Ripon, we’ve handled estates of all complexities—from straightforward cases to those involving international assets, business interests, and intricate family situations.

We pride ourselves on being patient listeners who understand that every estate is unique, and every executor’s circumstances are different. Many of our clients appreciate that we can handle the entire probate process on their behalf, lifting the administrative and legal burden while they focus on what matters most during a difficult time.

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Moving Forward with Confidence

Being an executor is undoubtedly a significant undertaking, but it’s also a final act of service to someone who trusted you. Understanding what’s involved is the first step toward fulfilling that trust properly and protecting yourself from potential pitfalls along the way.

Remember, this article provides general guidance, but every estate is different. Some are genuinely straightforward, while others reveal unexpected complexities. Professional legal advice tailored to your specific situation isn’t just helpful—it’s a wise move, for navigating the process successfully and with peace of mind.

If you’ve been named as an executor and have questions about what lies ahead, or if you’re already partway through the process and finding it more challenging than anticipated, we’re here to help. At Hutchinson & Buchanan, our approach is built on integrity, experience, and a genuine commitment to making what can be an overwhelming process as smooth as possible.

Contact us for a free consultation. We’ll help you understand your responsibilities, avoid common pitfalls, and ensure the estate is administered properly and efficiently.

I have no hesitation in recommending H&B to others. Every aspect of the service they have provided has been first class, not simply in the execution of a recent transaction, but also in the informal consultation and advice that has been offered on a broader range of legal issues.

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