Executor Duties UK — Complete Guide for Administering an Estate
Everything you need to know about being an executor in the UK. Duties, responsibilities, the probate process, timeline, and common challenges.
·5 min read
Being an executor is an important responsibility. Here’s what’s involved and how to do it properly.
Understanding the Role
What an Executor Does
Responsibility
Details
Arrange funeral
According to wishes
Secure property
Protect estate assets
Value assets
For probate and tax
Apply for probate
Legal authority to act
Pay debts
Of the deceased
Pay taxes
Inheritance tax, income tax
Distribute estate
According to will
Keep records
Of all transactions
Legal Position
Aspect
Details
Personal liability
Mistakes can be costly
Fiduciary duty
Act in beneficiaries’ interests
Duty to account
Record everything
Duty of care
Act reasonably
Can You Refuse?
Decision
Implication
Renounce
Before any action taken
Once intermeddled
Can’t easily withdraw
Power reserved
Other executors act
Appoint solicitors
To do work for you
Initial Steps After Death
First Few Days
Task
Details
Register death
Within 5 days
Arrange funeral
According to wishes
Secure property
Empty house, redirect post
Find will
Original document
Notify relevant parties
Bank, utilities
Immediate Notifications
Who to Tell
Why
Banks
Freeze accounts
Employer
Outstanding pay, benefits
HMRC
Tax affairs
Benefits agencies
DWP, council
Pension providers
Death benefits
Insurance companies
Life insurance claims
Securing Assets
Task
Purpose
Change locks (if needed)
Security
Redirect post
Catch correspondence
Inventory valuables
Know what exists
Maintain insurance
Property covered
Stop direct debits
Non-essential ones
Valuing the Estate
What to Include
Asset Type
Examples
Property
House, land
Bank accounts
All accounts
Investments
Shares, ISAs, bonds
Pensions
Death benefits, lump sums
Personal possessions
Valuables, cars
Business interests
Shares, ownership
How to Value
Asset
Method
Property
Estate agent valuation or surveyor
Bank accounts
Statement at date of death
Shares
Stock exchange value on date
Personal effects
Reasonable estimate
Valuables
Professional valuation
Pensions
Scheme administrator info
Debts and Liabilities
Include
Examples
Mortgage
Outstanding balance
Loans
Personal loans, credit cards
Utility bills
Outstanding amounts
Funeral costs
Your estimate/quote
Tax owed
Income tax, CGT
Applying for Probate
When Probate Is Needed
Required
Not Usually Required
Property to sell/transfer
Small bank accounts
Access to accounts over £5,000-£50,000
Joint assets passing to survivor
Complex investments
Assets held in trust
The Application
Step
Details
Complete forms
PA1P (with will) or PA1A
Submit online or by post
Gov.uk or local registry
Pay fees
Based on estate value
Submit will
Original document
Swear oath
Statement of truth
Receive grant
Usually 4-8 weeks
Probate Fees
Estate Value
Fee
Under £5,000
None
Over £5,000
£273 application
Extra copies
£1.50 each (get several)
Inheritance Tax
When IHT Is Due
Threshold
Details
Nil-rate band
£325,000 tax-free
Residence nil-rate band
Extra £175,000 for family home
Surviving spouse
Full exemption
IHT rate
40% above threshold
Paying IHT
Requirement
Details
Pay before probate
At least some of it
Due within 6 months
Of end of death month
Interest accrues
If late
Can sometimes pay from estate
Before probate
IHT Forms
Form
When
IHT205
Excepted estate (no tax)
IHT400
Full return required
IHT421
Summary for probate
Administrative Tasks
Managing the Estate
Task
Frequency
Pay ongoing bills
As needed
Manage property
Until sold/transferred
File tax returns
As required
Respond to creditors
Within 2 months advertising
Keep beneficiaries informed
Regular updates
Advertising for Creditors
Step
Purpose
Notice in Gazette
Formal advertisement
Local newspaper
Where property held
Wait 2 months
For claims
Protection
From unknown creditors
Tax Returns
Return
Deadline
Final income tax
To date of death
Estate income tax
On estate income
Capital gains tax
If assets sold
Distributing the Estate
Order of Payment
Priority
What
1
Funeral expenses
2
Testamentary expenses (probate costs)
3
Secured creditors (mortgage)
4
Preferred debts
5
Unsecured creditors
6
Beneficiaries
Before Distributing
Check
Done
All debts identified
☐
Creditor advertisement period passed
☐
Tax clearance obtained
☐
Inheritance Act 6 months
☐
No pending claims
☐
Receipts and Records
Requirement
Why
Get receipts
From all beneficiaries
Keep records
For any queries
Final accounts
Show all transactions
Retain for 12+ years
Possible future queries
Common Challenges
What Can Go Wrong
Challenge
How to Handle
Missing will
Search thoroughly
Family disputes
Remain neutral
Insolvent estate
Follow priority rules
Missing beneficiaries
Professional tracer
Contested will
Seek legal advice
Executor Disputes
If Multiple Executors
Options
Disagree
Compromise or court
One won’t act
Apply to remove
Delays
Beneficiaries can apply to court
Protecting Yourself
Protection
How
Creditor advertisement
Gazette and newspaper
Keep records
Every decision documented
Professional advice
For complex matters
Insurance
Executor indemnity
Getting Help
When to Use Professionals
Situation
Professional Help
Complex estate
Solicitor
IHT planning
Tax adviser
Property sale
Estate agent, conveyancer
Disputes
Solicitor
Overwhelmed
Probate specialist
Costs of Professional Help
Service
Typical Cost
Solicitor (full administration)
1-4% of estate
Probate only service
£500-£2,000
Accountant (tax returns)
£200-£500
DIY with guidance
£500-£1,000
Summary: Executor Checklist
First Steps
Task
Done
Locate will
☐
Register death
☐
Arrange funeral
☐
Secure property
☐
Notify banks/institutions
☐
Probate Application
Task
Done
Value all assets
☐
Value all debts
☐
Complete IHT forms
☐
Pay IHT (if due)
☐
Apply for probate
☐
Receive grant
☐
Administration
Task
Done
Place creditor advertisements
☐
Collect assets
☐
Pay debts
☐
File tax returns
☐
Wait 6 months (Inheritance Act)
☐
Distribution
Task
Done
Obtain tax clearance
☐
Prepare final accounts
☐
Distribute to beneficiaries
☐
Get receipts
☐
Keep records
☐
Key Contacts
Service
Contact
Probate Registry
gov.uk/probate
HMRC Bereavement
0300 200 3300
Tell Us Once
Register death service
STEP members
STEP.org (solicitors)
Being an executor is a significant responsibility that can take considerable time. Don’t be afraid to get professional help if the estate is complex or you feel overwhelmed — the estate can pay for reasonable professional fees.