Duties of an Executor
Helping executors and administrators understand their responsibilities and avoid common risks during estate administration.
Understanding your role as executor.
If you have been appointed to deal with someone’s estate, you will either be an executor or an administrator.
- An executor is named in a valid will.
- An administrator steps in when there is no will, or when no executor is able or willing to act.
In practical terms, the responsibilities are very similar. Both roles involve managing the estate properly, settling debts and tax, and distributing assets to the correct people. The main difference is how the authority arises. Executors are appointed by the will. Administrators are appointed under the intestacy rules and formally confirmed by the Probate Registry.
Being asked to act as executor or administrator reflects confidence in your ability to manage practical matters.
At the same time, the role involves decisions that many people have not had to deal with before. For example:
- When is it safe to distribute funds?
- Is the inheritance tax position complete?
- Have all liabilities been identified?
- Could there be a claim against the estate?
These are routine considerations in estate administration, but they carry legal and financial consequences if handled incorrectly.
We guide you through probate
If you have been appointed as an executor or administrator and are feeling unsure or overwhelmed, we can help.
Our probate solicitors provide support at every stage of estate administration, from initial guidance on your duties through to full administration where required. We explain your responsibilities clearly, guide you through each step in the correct order and ensure the estate is handled carefully and in line with your legal obligations.
As a Lexcel-accredited firm, we are recognised for meeting high standards of practice management and client care. Executors and administrators rely on us for structured, proportionate advice that helps protect them from unnecessary personal risk.
We advise clients across London and the South East, supporting both straightforward and more complex estates.
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What are duties of an executor or administrator?
Executor duties are not simply administrative tasks. They are legal obligations.
Whether you are an executor under a will or an administrator under the intestacy rules, your core responsibilities include:
- Identifying and safeguarding all assets.
- Valuing the estate accurately.
- Reporting the correct inheritance tax position.
- Applying for the appropriate grant from the Probate Registry.
- Collecting in funds and dealing with property.
- Settling debts and liabilities.
- Preparing estate accounts.
- Distributing the estate correctly and at the right time.
Each step must be taken in the proper order. For example, debts and tax must be settled before distribution. Assets must be valued properly before inheritance tax forms are submitted. Distributing too early or relying on incomplete information can expose you to personal liability.
Executor have ongoing obligations to beneficiaries. The duties of an executor require you to:
- Act in the best interests of the estate.
- Avoid conflicts of interest.
- Keep clear financial records.
- Treat beneficiaries fairly and impartially.
Executors and administrators are expected to act carefully and make informed decisions, particularly where tax and timing are concerned.
Where disputes or concerns arise during the administration of an estate, we can advise on disputes involving executors and the steps available to resolve them.
Stepping aside as executor
If you have been named as an executor but do not wish to take on the role, it may be possible to step aside formally before you begin administering the estate. This is usually done by signing a deed of renunciation, a document confirming that you are giving up your right to act as executor.
The position can become more complicated once you have started dealing with the estate. If you have already handled assets, communicated with financial institutions or taken steps in the administration, renouncing may no longer be straightforward. For that reason, taking advice early is important.
In some situations, a solicitor can be appointed to act as a professional executor instead. This can provide independence, technical oversight and reassurance for beneficiaries, particularly where the estate is complex or relationships are sensitive.
Call us on 0808 2562 917 or
Why clients choose Thomas Mansfield Solicitors.
Acting as an executor or administrator carries real responsibility. The advice you receive should be careful, proportionate and properly considered.
Our private client solicitors advise on estates of varying size and complexity across London and the South East, including matters involving property interests, tax exposure and sensitive family dynamics.
As a Lexcel-accredited firm, we meet recognised standards for client care and practice management. Clients choose us because we help to:
- Ensure the estate is administered correctly and in the proper sequence.
- Reduce the risk of personal liability through careful oversight.
- Identify tax and compliance issues before they become problems.
- Provide clarity where there is uncertainty or disagreement.
- Keep the process structured, proportionate and under control.
Meet our team
Discuss your executor duties with our probate team.
Acting as an executor or administrator can feel daunting. Understanding the duties of an executor and getting the right advice makes the process clearer, more manageable and far less stressful.
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Frequently asked questions
Can an executor be removed?
Yes, but removal is not common and is usually a last resort. An executor can be removed by the court if they are failing to administer the estate properly, acting dishonestly, creating a serious conflict of interest or causing unreasonable delay. Disagreements between beneficiaries and executors do not automatically justify removal. The court will consider whether the executor’s conduct is preventing the estate from being administered effectively.
How long after probate is granted can funds be distributed?
There is no fixed waiting period once a Grant of Probate has been issued, but executors should proceed carefully. Before distributing funds, all assets must be collected, debts and liabilities settled and the inheritance tax position confirmed. It is common to wait at least six months from the date of the grant. This is because certain claims, including claims under the Inheritance (Provision for Family and Dependants) Act 1975, must usually be brought within that period. Distributing too early can expose an executor to personal liability if a valid claim later arises.
What does power reserved mean in probate?
Power reserved applies where more than one executor is named in a will, but one or more decide not to act at the outset. Instead of formally giving up the role, the non-acting executor allows the other executor to apply for the grant of probate and administer the estate. The grant is issued in the name of the acting executor and records that power is reserved to the other named executor. This means the non-acting executor keeps the legal right to step in later if needed, without being involved in the administration from the start. The grant is issued in the name of the acting executor and records that power is reserved to the other named executor.
What happens if there are multiple executors?
Where more than one executor is named, those who apply for the Grant of Probate must act jointly and share equal responsibility. One acting executor cannot make key decisions alone. Executors may divide practical tasks between them, but legal responsibility remains shared. If disagreements arise, particularly around property sales or distributions, it is important to resolve them carefully. Clear advice can help prevent matters escalating into formal dispute.
What is a deed of renunciation?
A deed of renunciation is a formal document used when someone named as an executor decides they do not wish to act. By signing it, you give up your right to apply for the Grant of Probate and to administer the estate, allowing another executor to take over or, if necessary, for an administrator to be appointed. Renunciation must usually take place before you have started dealing with the estate. If you have already collected assets, made payments or taken substantive steps, you may be treated as having ‘intermeddled’, and renouncing may no longer be straightforward. A formal renunciation must be lodged with the Probate Registry.
What is a professional executor?
A professional executor is usually a solicitor appointed in a will to administer the estate. Instead of a family member or friend acting, a regulated legal professional takes responsibility for applying for probate, dealing with tax, settling liabilities and distributing the estate. Some people choose a professional executor where the estate is complex, valuable or where family dynamics may make administration difficult. A professional appointment can provide independence, technical expertise and reassurance for beneficiaries. In some circumstances, a solicitor can also be appointed after death, if the named executors step aside.
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