Banking

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.

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
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.