Being named as an executor is a significant responsibility, and most people agree to it long before they know what it involves. It is usually a short conversation, a name written down, and then nothing at all for years.
The role becomes real on the day that person dies. From then until the estate is handed over, the executor is legally responsible for someone else's money, property and possessions. That is heavier than it usually turns out to be. Dealing with an estate follows a recognised order, and little must happen in the first few weeks.
What causes difficulty is rarely the paperwork. It is not knowing what comes next or finding a deadline after it has passed.
Angelika Simpson, Solicitor and Team Leader in our Wills, Trusts and Probate team at Jackson Lees, explains what an executor is responsible for, when probate is needed, how long the work takes, and where the personal risk sits.
What does an executor do after someone dies?
An executor collects in everything the person who died owned, pays what they owed, and passes what is left to the beneficiaries, meaning the people named in the will.
You are responsible for those assets from the date of death until the last penny is handed over. The government calls that the administration period. Most executors also need probate, the legal right to deal with the estate, before a bank will release anything.
Executor duties take most people the better part of a year, and the order matters more than the speed. Debts and tax are settled before any gift is handed over and reversing that order can cost the executor personally.
Key takeaways
- Your responsibility as executor starts on the date of death, not when probate arrives.
- Probate is the legal authority to deal with the estate; not every estate needs it.
- Inheritance Tax normally has to be paid before the grant of probate is issued.
- Getting the order wrong can leave you personally liable for the shortfall.
What are an executor's first duties in the days after a death?
An executor's first duties are about securing the estate, not sharing it out.
In England and Wales, the death has to be registered within five days of the medical examiner's office confirming you can do so. Order several certified copies of the certificate, because banks, insurers and pension providers each ask to see one.
The rest of the early list is short:
- Find the original will, not a photocopy, and check for later versions.
- Tell the banks so accounts can be frozen.
- Check any empty property is secure and insured.
- Use the government's Tell Us Once service to notify departments at once.
- Confirm the funeral arrangements and who is paying.
Keep every receipt from the start. Expenses paid out of the estate have to be accounted for later and reconstructing them from memory is hard.
Do you always need probate before you can deal with the estate?
No.
Probate is not needed for every estate. Savings alone, or a home owned jointly in a way that passes automatically to the survivor, can pass without it. Each bank sets its own threshold, so ask every organisation in writing.
You will need the grant of probate, the court document confirming your authority to act, where the estate includes a property in the sole name of the person who died, shares, or anything a bank will not release.
Only an executor named in the will, or named in a later codicil, can apply for a grant of probate. Where there is no will, a fixed legal order determines who is entitled to inherit and who can apply to deal with the estate.
Do not put a property on the market, or make firm financial plans, until the grant is in your hands.
How long does it take an executor to deal with someone's estate?
For a straightforward estate, expect the whole thing to run between 12 and 18 months.
The grant of probate usually arrives two to three months after the application. A property sale is the commonest reason a case runs longer.
| Stage | Typical timing | Cost |
| Registering the death | Within 5 days | Per certified copy |
| Reporting the estate's value to HMRC | Varies depending on the estate | No fee to report |
| Paying Inheritance Tax (if due) | Within 6 months of the end of the month of death to avoid interest | Depends on the estate |
| Applying for the grant | 2 to 3 months | £526 if the estate is over £5,000 |
| Creditor notice period | At least 2 months | Cost of the notices |
| Full administration | Often 12 to 18 months, but can be longer depending on complexity | Costs vary depending on the estate and the work involved |
Tax often sets the pace of the administration.
Where Inheritance Tax is due, some or all of it will usually need to be paid before the grant can be issued. The tax is generally payable within six months of the end of the month in which the person died. Interest can accrue on any unpaid amount after that date.
Can an executor be held personally responsible for getting it wrong?
Yes.
Say you share out the estate, and an unpaid creditor or tax bill turns up afterwards. You can be asked to make up the difference yourself. That is why debts first, gifts last is not optional.
The law builds in a protection for exactly this. You can publish a formal notice for creditors in the official public record and a local newspaper. It must give anyone owed money at least two months to come forward. Once that period has passed, you can share out the estate without being liable for claims you genuinely knew nothing about.
This is the stage where most executors decide whether to carry on alone.
Where an estate involves a business, property abroad, or a relative already unhappy with the will, talk it through before you commit. Unwinding a distribution later costs considerably more than advice.
What should you do next if you have just been named as an executor?
Six steps cover most estates:
- Register the death and order several certified copies.
- Find the original will and confirm it is the last one.
- Write to every bank, lender and pension provider for date of death figures.
- Work out whether Inheritance Tax is due and report the estate's value.
- Apply for the grant, collect the assets and pay the debts.
- Prepare estate accounts, distribute, and get a receipt from each beneficiary.
Keep every valuation, statement and receipt. Beneficiaries are entitled to see how the estate was handled, and good records turn a hard question years later into a short answer.
While these are the main stages, every estate is different. Tax, family circumstances, trusts, property ownership and disputes can all introduce complications that are not always obvious at the outset.
Common questions about being an executor
If you're dealing with an estate, these are some of the common questions that often arise during the probate process.
Can you say no to being an executor?
Yes, if you act before you start.
Someone who has not yet touched any part of the estate can formally step aside. They can also let a co-executor take it on while their own position is held in reserve. Once you have begun handling assets or contacting banks, stepping back is far harder.
Does an executor get paid?
Not usually.
A family member or friend acting as executor is generally unpaid unless the will allows payment. Out of pocket expenses, including postage, travel, valuation fees and the probate fee, can normally be reimbursed from the estate.
Can there be more than one executor?
Yes, and it is common.
Where several act together, agree early where estate money is held and who signs what. A separate executorship account keeps estate funds out of anyone's personal account.
When is Inheritance Tax actually payable?
For a single person, there is normally no Inheritance Tax to pay where the estate is worth less than £325,000. This threshold can rise to £500,000 where a qualifying home passes to children or grandchildren. Anything above the available allowances is generally taxed at 40%.
There are also important exemptions, including transfers to a spouse or civil partner and gifts to charity. The position can be different for married couples and civil partners because unused allowances may be transferable to the surviving spouse. In some circumstances, a couple's combined allowances can mean up to £1 million passes free of Inheritance Tax on the second death.
The rules are complex and depend on individual circumstances, so professional advice from our specialist Wills, Trusts and Probate team is often worthwhile before any tax calculations are made.
How can Jackson Lees help with executor duties after someone dies?
Being an executor lands on people at the worst possible moment, alongside grief and a house full of paperwork nobody has sorted. Most people who ask for help are not looking to hand the whole process over. They want someone to take the parts that worry them. That is how our probate and estate administration service is built, and our team has been doing it for families across Liverpool, Hoylake and Heswall for generations.
That can mean obtaining the grant of probate and handing it straight to you, for a fixed fee agreed before the work starts. It can equally mean the whole administration, including any trust the will creates.
If you have been named as an executor and are not sure what comes next, Please give us a call, request a callback or make an enquiry to see how we can help.