An executor administers a deceased person's estate: proving the will, often through probate, securing and collecting assets, paying debts and final tax, then distributing to beneficiaries under the will. It's a months-long legal role with personal liability — distributing before debts, tax and claims are settled is the classic trap. You can renounce before you start if you can't act.
Being named the executor of someone's will sounds like an honour, and it is — but it's also a legal job with real duties, real personal liability, and a substantial workload that most people don't appreciate until they're in it, usually while grieving.
The executor has to locate and prove the will (often through probate), secure and collect all the assets, notify dozens of institutions, pay the deceased's debts and final tax, hold off distributing until any claims are resolved, distribute what's left strictly according to the will, and keep proper accounts throughout — acting impartially and carefully, with personal liability if they get it wrong. A simple estate might take 6–9 months; a complex or contested one two years or more.
What does an executor actually have to do?
The core duty is fiduciary: you must act in the interests of the estate and the beneficiaries, honestly and with reasonable care. In the first weeks you locate the will, confirm or arrange the funeral, obtain several certified copies of the death certificate, and secure the assets — insure and secure the home, safeguard valuables and documents, redirect mail, and pause ongoing payments.
What is probate and do I need it?
Probate is the Supreme Court's formal recognition of the will and your authority to act. It's generally required where assets are held solely in the deceased's name above the relevant thresholds, or where there's solely-owned real estate. It typically takes around 4–12 weeks from application to grant, longer if the will is contested. Small estates and jointly-held assets that pass by survivorship can often avoid it.
Where does the personal liability come from?
You're personally liable for losses to the estate caused by negligence or breach of duty. The classic trap is distributing too early: pay out the beneficiaries, then a successful family-provision claim or an unpaid tax bill lands, and you can be liable for the shortfall. The discipline is firm:
- Pay the deceased's debts and final tax from the estate first.
- Allow for family-provision claims — wait out the claim period before distributing.
- Distribute strictly per the will, keep proper accounts, and obtain receipts.
- Open a dedicated estate bank account — never mix estate money with your own.
Can I say no, and do I get paid?
You can renounce the role before you start administering — legitimate and sensible if you can't take it on. You're entitled to reimbursement of expenses, and to commission only if the will, the beneficiaries, or the court allows it. For anything beyond a simple estate, engage a solicitor (and sometimes a trustee company); the cost comes from the estate and is usually money well spent.
Key takeaways
- Being an executor is a legal role with personal liability, not a ceremonial title — a simple estate still takes 6-9 months.
- Most estates need probate: the Supreme Court's formal recognition of the will and your authority to act.
- Never distribute to beneficiaries until debts, final tax, and the family-provision claim period are dealt with — early distribution can make you personally liable.
- You can renounce the role before you start administering if you can't or shouldn't take it on.
- Get a solicitor (and sometimes a trustee company) for anything beyond a simple estate — the cost comes from the estate.
Frequently asked questions
Do I have to act as executor if I'm named in the will?
No. Before you start administering the estate (before 'intermeddling') you can renounce the role. If you're elderly, unwell, far away, or conflicted, renouncing up front is far better than doing the job badly. Once you've started acting, stepping down usually needs court approval.
When can I distribute the estate to the beneficiaries?
Only after the deceased's debts and final tax are paid and the family-provision claim period has passed (or claims are resolved). Distributing too early is the classic trap — if a successful claim or unpaid tax bill lands afterwards, you can be personally liable for the shortfall.
Do executors get paid?
You're entitled to be reimbursed for out-of-pocket expenses. You may also be entitled to commission for your time, but only if the will provides for it, the beneficiaries agree, or the court approves it. Family-member executors often waive commission; professional executors charge it.
Do I need a lawyer to be an executor?
Not always. A simple estate (a couple of beneficiaries, straightforward assets, no disputes) can be done yourself, often with a solicitor engaged just for probate. For complex estates — business or foreign assets, a contested will, warring beneficiaries — engage a solicitor and possibly a trustee company. The cost is paid from the estate.