The executor's role: duties and liability

If you have been named as an executor — or you are the closest relative dealing with an estate where there is no will — you are taking on a real legal responsibility. It is manageable for most estates, but it helps to understand what the job involves and where the risks are before you start.

The job, in order

1. Find the will and the assets. Locate the original will, and build a picture of everything the person owned and owed.
2. Value the estate. Get accurate valuations of property, accounts, investments and possessions, and total up the debts.
3. Deal with Inheritance Tax. Report and pay any Inheritance Tax — due by the end of the 6th month after the month of death. Banks can pay tax directly to HMRC before probate under the Direct Payment Scheme (form IHT423), which avoids the chicken-and-egg problem of needing the grant to access funds.
4. Apply for probate where a grant is needed.
5. Collect in, pay debts, distribute. Gather the assets, settle debts and expenses, then distribute what's left to the beneficiaries — keeping clear accounts throughout.

What if I make a mistake?

This is the question that worries most executors, and it is a fair one: an executor can be held personally liable for losses caused by getting it wrong. The most common risks are paying out the estate before all debts and tax are settled, distributing to the wrong people, or missing a creditor.

This page describes an executor's responsibilities in general terms. For a specific estate — especially if it is large, contested, or you are worried about a claim — take advice before you distribute anything.

You don't have to act alone

You can instruct a solicitor or probate specialist to do some or all of the work while you remain the executor, and the cost comes out of the estate. If you were named but don't want the role at all, you can usually step aside — provided you haven't already started dealing with the estate.