Note: The following scenario is fictional and used for illustration.
Emma, age 42, was honoured when her aunt named her as executor - until her aunt died unexpectedly at 68. With no legal background and a full-time job as a primary school teacher, Emma faced a bewildering maze of tasks: register the death, find the will, notify dozens of organisations, value a £340,000 estate, navigate inheritance tax forms, apply for probate, and distribute assets to five beneficiaries across three countries.
She had no idea where to start or what order to tackle things.
Emma's experience reflects what thousands of first-time executors face annually in the UK. Being named executor is an honour, but the reality involves 6-12 months of complex administrative work with significant personal liability if mistakes are made. According to official statistics, probate applications now take around 4 weeks on average to process (down from 12 weeks in late 2023), but that's just one step in a much longer journey.
This comprehensive executor checklist breaks down all 12 essential tasks into a manageable timeline, explains your legal duties, identifies common mistakes that trigger personal liability, and shows you exactly what to do from the day of death through final estate distribution.
Table of Contents
- Understanding Your Role: What Does an Executor Actually Do?
- Immediate Tasks (First 5 Days): Register the Death
- Week 1-2: Locate Documents and Secure the Estate
- Weeks 2-4: Notify Organisations and Freeze Accounts
- Months 1-2: Value the Estate and Determine If Probate Is Needed
- Months 2-3: Apply for Probate and Address Inheritance Tax
- Months 3-6: Collect Assets and Settle Debts
- Months 6-12: Distribute the Estate to Beneficiaries
- Common Executor Mistakes That Trigger Personal Liability
- When to Get Professional Help as an Executor
- Frequently Asked Questions
- Conclusion
- Need Help with Your Will?
- Related Articles
Understanding Your Role: What Does an Executor Actually Do?
An executor is the person named in a will to manage someone's estate after they die. Under the Administration of Estates Act 1925, your role involves three core phases: collecting the estate's assets, paying all debts and taxes, and distributing what remains to beneficiaries.
Your authority as executor doesn't begin immediately at death. You only gain legal power to act once you receive the grant of probate from the court. This distinction matters because acting before probate is granted can make your actions unauthorised and may need to be reversed.
Executors can be held personally and financially liable for errors, even genuine mistakes. There's no limit to the financial liability you could face if you fail to carry out your duties correctly. This serious responsibility means following proper procedures and seeking professional advice when uncertain.
The timeline for executor duties varies significantly. Michael, 56, a solicitor managing his brother's straightforward £180,000 estate with a single property and three beneficiaries, completed everything in 7 months. Priya, 38, an accountant handling her father's complex £890,000 estate with limited company shares and rental properties, spent 18 months and needed ongoing professional help.
Key responsibilities include:
- Acting in the best interests of the estate and all beneficiaries impartially
- Managing estate assets carefully to preserve their value
- Keeping detailed records of all transactions and decisions
- Obtaining probate before accessing most estate assets
- Paying all debts, taxes, and expenses before distributing to beneficiaries
Executors are entitled to claim reasonable expenses from the estate (probate fees, travel, postage, professional fees) but don't automatically receive payment for their time unless the will specifically allows it. If there are multiple executors, up to four can apply for probate simultaneously, and you must all act jointly on major decisions.
According to HMRC guidance, executors have one year from death to distribute the estate. This is known as the 'executor's year,' though it's a guideline rather than a strict legal deadline. Complex estates often take 12-24 months or longer.
This article covers executor duties in England and Wales. Different rules apply in Scotland and Northern Ireland.
Immediate Tasks (First 5 Days): Register the Death
Your first legal obligation happens quickly. You must register the death within 5 days in England and Wales (8 days in Scotland). This deadline includes weekends and bank holidays, so act promptly.
Registration must take place at the register office in the district where the death occurred. You'll need the medical certificate of cause of death, which the doctor or hospital provides. Most register offices now require advance booking, so call immediately to secure an appointment.
When Sarah registered her father's death in Birmingham on a Tuesday morning, she brought the medical certificate, his NHS card, and details of his full name, date of birth, address, occupation, and NHS number. The registrar issued death certificates on the same day.
Order multiple death certificates at registration. You'll typically need 5-10 copies, and they cost around £12.50 each. It's cheaper to order them now than request additional copies later. Sarah ordered 8 certificates for £100 total, needing them for two banks, a building society, pension provider, insurance company, HMRC, the probate registry, and the property sale.
The registrar can also provide access to the Tell Us Once service (covered in detail in the next section), which allows you to notify multiple government agencies in one process. This free service uses a unique reference number that's valid for 28 days.
Who can register the death:
- A relative of the deceased
- Someone present at the death
- The executor named in the will
- Hospital administrator (if death occurred in hospital)
- The person arranging the funeral
If the death has been referred to the coroner, registration may be delayed until the coroner releases the body. In these cases, the coroner will notify you when you can proceed with registration.
Keep all death certificates in a safe place. Most organisations require original certificates, not photocopies, so you'll be sending these to various institutions and waiting for their return before you can send them to the next organisation on your list.
Week 1-2: Locate Documents and Secure the Estate
Finding the original will is your first priority after registering the death. Check the deceased's home thoroughly, including obvious places like desks, filing cabinets, and safes, as well as unexpected locations. Many people store wills at their solicitor's office or in a bank safe deposit box.
You can also search the National Will Register, which records where wills are stored (though not all wills are registered there). If the deceased used a solicitor to write their will, contact that firm directly.
Verify you're looking at the most recent will. Check for codicils (legal amendments to wills) or later versions that might supersede what you've found. James discovered his mother's 2019 will in her desk drawer, then found a 2022 codicil at her solicitor's office that changed the named executor. Because the codicil removed James and appointed his sister instead, he could not act as executor.
Once you've confirmed you're the rightful executor, secure any property owned by the deceased immediately. Visit within 24-48 hours to lock doors, close windows, and make the property safe.
Critical: notify insurers immediately. Unoccupied property may void standard home insurance policies. Lisa called her uncle's insurer within 24 hours of his death to report the London flat (valued at £310,000) would be vacant. The insurer switched the policy to unoccupied property coverage, preventing a situation where the insurance could have been voided entirely.
When securing the property:
- Lock all doors and windows
- Check for and stop any deliveries (newspapers, post, parcels)
- Arrange mail redirection to your address
- Secure valuables (jewellery, cash, important documents)
- Photograph the property's condition and contents for your records
- Check the will for funeral wishes
While funeral preferences stated in wills aren't legally binding, many executors follow them when practical. Keep all funeral receipts meticulously. One of your executor duties includes reclaiming funeral costs from the estate before distribution to beneficiaries.
When David paid £4,200 for his father's funeral, he kept every receipt - venue hire, cremation fees, flowers, catering, death notices. He later reclaimed this full amount from the estate before calculating what remained for beneficiaries.
Weeks 2-4: Notify Organisations and Freeze Accounts
The Tell Us Once service makes notifying government agencies remarkably efficient. This free government service achieves a 92% customer satisfaction rating and allows you to notify multiple departments in a single process.
When you register the death, the registrar provides a unique reference number valid for 28 days. You can use this online at the Tell Us Once website or by calling 0800 085 7308. The service is available in England, Wales, and Scotland (but not Northern Ireland).
Tell Us Once automatically notifies:
- HM Revenue and Customs (HMRC)
- Driver and Vehicle Licensing Agency (DVLA)
- HM Passport Office
- Local council (for council tax, housing benefits, electoral register)
- Department for Work and Pensions (DWP) for benefits
- Public sector pension schemes
David used his Tell Us Once reference number three days after registration. The online process took 15 minutes and notified 14 government agencies simultaneously. Within 15 days, all organisations had updated their records and begun cancelling services or benefits.
You'll still need to notify organisations manually that aren't covered by Tell Us Once:
- Banks and building societies
- Private pension providers
- Insurance companies (life, home, car)
- Mortgage lenders
- Utility companies (gas, electricity, water, phone, broadband)
- Subscription services (Netflix, gym memberships, mobile phone contracts)
Freeze accounts immediately. Contact each bank and financial institution to inform them of the death and request account freezing. This prevents direct debits, standing orders, and fraudulent access to accounts.
Karen discovered the cost of delay when she took three weeks to freeze her mother's accounts. Continued direct debits for magazine subscriptions, charity donations, and a gym membership cost the estate £340 before she stopped them. Every pound unnecessarily spent reduces what beneficiaries inherit.
Open an executor bank account specifically for estate administration. You'll use this to collect estate funds, pay debts and expenses, and make distributions to beneficiaries. Most banks offer executor accounts that don't require probate to open, though you'll need the death certificate and will.
Send death certificates to each financial institution along with a formal letter notifying them of the death and requesting account closure (or in the case of joint accounts, removal of the deceased's name). Keep copies of all correspondence for your records.
Cancel the deceased's driving licence, passport, benefits, pensions, and credit cards. Set up mail redirection to your address so you receive statements, bills, and other important correspondence related to the estate.
Months 1-2: Value the Estate and Determine If Probate Is Needed
Creating a complete estate valuation is essential for determining whether probate is required and calculating any inheritance tax liability. You must value everything the deceased owned on the date of death, using those specific date values (not current values).
Assets to include:
- Property (houses, flats, land)
- Bank and building society accounts
- Investments and shares
- Pensions (some may pay outside the estate)
- Life insurance policies (depends on policy terms)
- Vehicles
- Personal possessions (furniture, jewellery, art, antiques)
- Business interests
Liabilities to deduct:
- Outstanding mortgage balance
- Personal loans and credit card debts
- Utility bills and council tax arrears
- Funeral costs
Professional valuations are required for property (use a RICS surveyor for a "probate valuation"), valuable antiques or art (specialist valuer), and business interests (accountant). Don't guess or use online estimates - HMRC may challenge inaccurate valuations.
Here's how a typical £420,000 estate breaks down:
- Property: £310,000
- Savings accounts: £68,000
- Shares and investments: £28,000
- Car and personal possessions: £14,000
- Total assets: £420,000
- Less: Outstanding mortgage: £15,000
- Net estate: £405,000
Probate is required if the estate exceeds £5,000 or includes property. Most banks won't release funds over £5,000-£20,000 (the threshold varies by institution) without seeing a grant of probate.
For small estates, the process is simpler. When Robert's uncle died leaving only £4,200 in a single bank account with no property, Robert didn't need probate. The bank released the funds after seeing the death certificate and confirming Robert was the named beneficiary in the will.
Joint assets need special attention. Only the deceased's share of jointly owned property or accounts forms part of the estate. Property owned as "joint tenants" passes automatically to the surviving owner outside the estate. Property owned as "tenants in common" means the deceased's share forms part of the estate.
Life insurance policies may or may not be part of the estate depending on how they're written. Policies "written in trust" pay out directly to named beneficiaries and don't go through the estate. Policies without trusts form part of the estate value.
For inheritance tax purposes, the current thresholds are:
- Nil-rate band: £325,000
- Residence nil-rate band: £175,000 (if leaving home to direct descendants)
- Combined maximum threshold: £500,000 for individuals, up to £1 million for married couples (if both allowances transferred)
A £500,000 estate qualifying for both allowances (£325,000 + £175,000) would have no inheritance tax liability. Estates above these thresholds pay 40% tax on the amount exceeding the threshold.
Keep every valuation report, bank statement, and supporting document. HMRC may query your figures months later, and you'll need evidence for every value you declared.
Months 2-3: Apply for Probate and Address Inheritance Tax
Once you've valued the estate, you can apply for the grant of probate - the legal document that confirms your authority to administer the estate. According to March 2025 government statistics, probate applications now average around 4 weeks to process, with digital applications taking approximately 2 weeks and paper applications taking under 15 weeks.
You need probate when:
- The estate exceeds £5,000 in value
- The estate includes property
- Individual bank accounts exceed the institution's threshold (usually £5,000-£20,000)
Before probate can be granted, you must address inheritance tax. Even if no tax is due, you must complete the relevant forms. If inheritance tax is payable, it must be paid before probate is granted - creating a potential cash flow challenge since you can't access estate funds without probate.
For estates over the inheritance tax threshold, complete form IHT400 (the full inheritance tax account). For smaller estates that qualify as "excepted estates," you'll complete the simpler IHT205 or IHT207 forms.
The inheritance tax deadline is within 6 months of death. After this point, HMRC charges interest on unpaid tax. Pay before this deadline even if probate takes longer to obtain.
Consider this inheritance tax example: Margaret's estate was valued at £540,000. With the nil-rate band of £325,000 and residence nil-rate band of £175,000, her combined threshold was £500,000. The taxable amount was £40,000, and at 40%, the inheritance tax due was £16,000.
Her executor faced a common problem: how to pay £16,000 before probate when the estate's funds were frozen. Options include:
- Using your own money temporarily and reclaiming from estate once probate is granted
- Using the direct payment scheme, where banks release funds directly to HMRC for inheritance tax (not all banks offer this)
- If the estate is illiquid (property but little cash), arranging to pay by instalments
Applying for probate has two methods:
Online applications (68% of applications) take approximately 2 weeks from submission to receiving the grant. Paper applications take around 15 weeks. Apply online if you can for significantly faster processing.
Rebecca submitted her online probate application on April 15th and received the grant on May 3rd - just 2.5 weeks. Thomas submitted his paper application on the same day and didn't receive his grant until July 28th - a full 15 weeks later.
Your probate application includes:
- Form PA1P (the probate application form)
- The original will
- The death certificate
- Completed inheritance tax forms
- The £300 application fee (no fee if estate under £5,000)
Extra copies of the grant cost £16 each (this fee increased from £1.50 in November 2025). Order several copies since you'll need to show the grant to each institution holding estate assets. Some executors order 5-10 copies to avoid delays from sending a single copy between institutions.
You may need to attend an interview at the probate registry to swear an oath confirming the information in your application is correct. This interview is increasingly being done virtually.
Once you receive the grant of probate, keep it safe. This document is your legal proof of authority to collect assets, sell property, and distribute the estate. You'll present it to banks, building societies, investment companies, and the Land Registry.
Months 3-6: Collect Assets and Settle Debts
With grant of probate in hand, you can now access estate assets. Present the grant to every institution holding funds or assets belonging to the estate. Most will require you to send the original grant (which is why ordering multiple copies is helpful) along with formal instructions for closure or transfer.
James presented his grant of probate to three banks holding his father's accounts. Within four weeks, all institutions had transferred a combined £127,000 to the executor account he'd opened. Some institutions move faster than others - building societies and small banks often process requests within 2-3 weeks, while large banks can take 4-6 weeks.
For each type of asset:
- Bank accounts: Request closure and transfer to executor account
- Shares and investments: Decide whether to sell or transfer to beneficiaries (check the will)
- Property: Decide whether to sell or transfer ownership to beneficiaries
- Vehicles: Transfer ownership or sell
- Personal possessions: Distribute specific gifts or sell items not specifically bequeathed
Property decisions carry significant implications. If you sell the deceased's home, you may need to pay capital gains tax if the property increased in value between the death date and sale date. The property's probate valuation becomes the baseline for calculating any gain.
When Linda acted as executor for her aunt's £280,000 house, she marketed it immediately and achieved a sale price of £294,000 three months later. The £14,000 increase was subject to capital gains tax because it exceeded the annual exempt amount and was realised before distribution to beneficiaries.
Before distributing anything to beneficiaries, you must pay all debts. The Administration of Estates Act 1925 establishes a legal order for paying debts:
- Secured debts (mortgages)
- Funeral, testamentary, and administration expenses (probate fees, valuation costs, legal fees)
- Unsecured debts (credit cards, personal loans, utility bills)
Mark followed this order when settling his mother's estate: £8,000 funeral costs paid first, then £4,200 in probate and legal fees, then £12,000 in credit card debt. Only after all debts were cleared could he begin calculating distributions to beneficiaries.
Publish a deceased estates notice in The Gazette. This statutory notice protects you from liability for unknown creditors. After publication, you must wait a minimum of 2 months before distributing assets.
Julie published her Gazette notice on May 15th. She had to wait until at least July 15th before making any distributions to beneficiaries. This waiting period allows unknown creditors to come forward with legitimate claims against the estate.
During this period, pay final tax returns. Complete an income tax return for the deceased from the start of the tax year to the date of death. If the estate generates income during administration (rental income, interest, dividends), you'll need to report this in estate tax returns.
Early distribution is one of the most costly executor mistakes. If you distribute assets before paying all debts, you become personally liable for those outstanding amounts. Take your time, verify all debts are settled, and wait out the statutory Gazette notice period before making any distributions.
Months 6-12: Distribute the Estate to Beneficiaries
Only after probate is granted, all debts are paid, taxes are settled, and the Gazette notice period has expired can you distribute the estate to beneficiaries. This typically happens 6-12 months after death for straightforward estates.
Calculate the residuary estate - what remains after specific gifts and all debts are paid. Specific gifts (like "my diamond ring to my daughter Sarah" or "£5,000 to Cats Protection") are distributed first. The residuary estate is then distributed according to the will's percentage splits.
Consider this distribution example:
- Net estate after debts: £405,000
- Specific gifts total: £25,000 (jewellery and cash gifts)
- Residuary estate: £380,000
- Will specifies: 50% to eldest child, 25% each to two younger children
- Distributions: £190,000, £95,000, £95,000
Obtain signed receipts from every beneficiary. These receipts are your proof that you've completed your duties and protect you from later claims that someone didn't receive their inheritance.
A proper receipt includes:
- Full name of beneficiary
- Amount or description of gift received
- Date of receipt
- Beneficiary's signature
- Your name as executor
Example: "I, Jennifer Thompson, acknowledge receipt of £95,000 from the estate of Margaret Thompson (deceased), being my share of the residuary estate. Signed: Jennifer Thompson, Date: 15 October 2025, Executor: David Thompson"
If specific gifts no longer exist because the deceased sold them before death, the beneficiary receives nothing unless the will provides otherwise. When Diane's will left her car to her nephew, but she'd sold the car six months before her death, the nephew received no substitute gift. The car's value simply remained in the residuary estate.
Special circumstances requiring attention:
- Beneficiaries under 18: Minors cannot receive gifts directly. Hold their inheritance in trust until they reach 18, or arrange a formal trust structure.
- Beneficiaries abroad: International transfers involve currency exchange, transfer fees, and potential tax implications in the beneficiary's country. Consult with an international tax advisor.
- Disputed gifts: If beneficiaries disagree about will interpretation, don't distribute disputed items. Seek court direction or legal mediation.
When two of Paul's beneficiaries both claimed the same antique clock described ambiguously in the will, Paul didn't release the clock to either party. He obtained legal advice, which led to a mediation session where the beneficiaries agreed one would take the clock and the other would receive an equivalent cash sum from the estate.
Beneficiaries can disclaim (refuse) their inheritance if they choose. This might happen for tax planning reasons or because they want their share to pass to their own children. Disclaimers must be made in writing and cannot be selective (you can't accept part of a gift and refuse the rest).
Executors have one year to distribute the estate, known as the "executor's year." This is a guideline rather than a strict legal deadline, and complex estates often take longer. However, unreasonable delays can result in beneficiaries taking legal action to remove you as executor.
Keep copies of all receipts, transfer documentation, and correspondence with beneficiaries. Beneficiaries have the right to see estate accounts showing how you've managed the estate, what came in, what went out, and how you calculated their distributions.
Common Executor Mistakes That Trigger Personal Liability
Executors can be held legally and financially liable for errors, even genuine mistakes. There's no limit to the financial liability an executor could face for failing to carry out duties correctly. Understanding common mistakes helps you avoid costly personal liability.
Mistake 1: Acting before obtaining probate
Andrew began selling his father's shares before probate was granted, thinking he was being efficient. The transactions had to be reversed, and legal costs to untangle the situation exceeded £8,000. Only act on estate assets once you have the grant of probate (except for securing property and arranging the funeral).
Mistake 2: Distributing assets before paying all debts
Helen distributed £200,000 to beneficiaries within three months of death, keen to help family members quickly. Two months later, she discovered a £30,000 credit card debt she'd missed. Helen became personally liable for that £30,000 because the estate no longer had funds to cover it.
Mistake 3: Failing to publish a Gazette notice
Without publishing a deceased estates notice in The Gazette and waiting the statutory 2-month period, you have no protection from unknown creditors who emerge later. If a creditor appears after you've distributed the estate, you're personally liable for that debt.
Mistake 4: Poor asset management
Tom left his uncle's vacant property unattended for several months. A burst pipe caused £15,000 in water damage. Because Tom had failed to maintain proper insurance and hadn't visited the property to check for problems, he was held personally liable for the damage that reduced the estate's value.
Mistake 5: Missing the inheritance tax deadline
If you fail to pay inheritance tax within 6 months of death, HMRC charges interest. If tax is underpaid due to incorrect valuations or calculations, the executor personally makes up the shortfall. When Rachel miscalculated inheritance tax by £8,000, HMRC required her to pay the difference from her own funds plus interest penalties.
Mistake 6: Not identifying all beneficiaries
If you distribute an estate without identifying all legitimate beneficiaries (perhaps missing beneficiaries living abroad or illegitimate children with inheritance rights), those beneficiaries can make claims against you personally after the estate is distributed.
Mistake 7: Ignoring digital assets
Modern estates include cryptocurrency, PayPal balances, online betting accounts, and valuable digital assets like domain names or intellectual property. Failing to identify and value these assets means either undervaluing the estate for inheritance tax (leading to penalties) or failing to distribute everything to beneficiaries.
Mistake 8: Conflicts of interest
As an executor who's also a beneficiary, you must treat all beneficiaries impartially and act in the estate's best interests. Peter kept his mother's valuable antique furniture for himself (citing a vague conversation where she'd said he could have it) rather than following the will's instruction to sell it and divide proceeds equally. The other beneficiaries successfully sued him for breach of executor duties.
Mistake 9: Unreasonable delays
While complex estates take time, executors who delay without valid reason can be removed by court order or sued by beneficiaries. Keep beneficiaries informed of progress, explain why certain steps take time, and maintain momentum in administration.
Mistake 10: Inadequate record-keeping
Every transaction, decision, and communication should be documented. If beneficiaries challenge your actions later, detailed records prove you acted properly. Keep bank statements, valuations, receipts, correspondence, and notes of phone calls and meetings.
How to minimise liability:
- Seek professional advice early for complex estates or uncertain situations
- Keep meticulous records from day one
- Get beneficiary agreement in writing for major decisions
- Never rush distribution - thorough and correct beats fast but flawed
- Remember that courts don't require dishonesty for liability - negligence is sufficient
The cost of professional advice is almost always less than the potential liability from making mistakes. A solicitor charging £2,500 to review your work before distribution could save you from £40,000 of personal liability for executor errors.
When to Get Professional Help as an Executor
Some estates can be administered without professional help. Others require solicitor involvement from the start. Recognising which situation you're in protects you from liability and ensures proper estate administration.
Red flags requiring a solicitor:
- Estate value over £500,000
- Business assets or company shares
- Foreign property or assets held abroad
- Multiple properties
- Family disputes or will challenges expected
- Missing or unknown beneficiaries
- Complex tax situation (agricultural relief, business property relief, trusts)
- Ambiguous will terms needing legal interpretation
- Insolvent estate (debts exceed assets)
Simon's straightforward estate administration is a good example of when DIY works. The £150,000 estate included one property, two bank accounts, three clearly identified beneficiaries who all got on well, and no business assets. The probate process was straightforward and Simon managed it entirely himself for £800 total cost (£300 probate fee, £500 for property and asset valuations).
Contrast this with Priya's situation. The £890,000 estate included limited company shares, two rental properties, beneficiaries in four countries, and ambiguous will terms about who received which property. Priya hired a solicitor from the start. The solicitor's fee was £4,500 for full estate administration, but this prevented potential £50,000+ liability from mistakes in the complex situations Priya faced.
Cost of professional help:
- Solicitor fees for full estate administration: £650+ for simple estates, potentially several thousand pounds for complex estates
- Hourly rates: £200-£400 depending on location and solicitor's experience
- Percentage-based fees: Some solicitors charge 1-5% of estate value
- Accountant for inheritance tax: £500-£2,000 depending on complexity
- Specialist valuers: £150-£500 per item depending on asset type
Professional fees are estate expenses, meaning they're paid from the estate, not from your personal funds. This makes seeking advice when you're uncertain a low-risk decision.
You're not locked into an all-or-nothing choice. Consider a hybrid approach: you do the administrative work, but a solicitor reviews everything before you make distributions. This approach costs significantly less than full estate administration while still providing professional oversight at the crucial final stage.
When Mark managed his father's £320,000 estate, he handled registering the death, valuing assets, and applying for probate himself. Before distributing £280,000 to five beneficiaries, he paid a solicitor £800 to review all his work. The solicitor identified a missing tax form that would have resulted in penalties if submitted incorrectly.
Remember that hiring a solicitor doesn't remove your responsibility as executor. You remain legally responsible for the estate even when professionals are helping you. However, following professional advice demonstrates you acted reasonably and significantly reduces your personal liability risk.
Get quotes from multiple solicitors if you decide to seek help. Fees vary significantly between firms, and some offer fixed-fee packages for straightforward estate administration while others charge hourly rates.
Frequently Asked Questions
Q: How long does it take to complete executor duties in the UK?
A: Executor duties typically take 6-12 months for straightforward estates, though complex estates can take longer. The probate application itself now averages 5 weeks (as of March 2025), down from 12 weeks in late 2023. Executors have one year to distribute the estate, known as the 'executor's year,' but many factors like property sales and tax complications can extend this timeline.
Q: What are the first three things an executor should do after someone dies?
A: The first three critical tasks are: register the death within 5 days in England/Wales (8 days in Scotland), locate the original will and confirm you're still entitled to act as executor, and secure any property by locking doors, closing windows, and notifying insurers. These immediate actions protect the estate value and establish your legal authority.
Q: Can an executor be held personally liable for mistakes?
A: Yes, executors can be held personally and financially liable for errors, even genuine mistakes. There's no limit to the financial liability an executor could face for failing to carry out duties correctly. Common liability triggers include distributing assets before paying debts, miscalculating inheritance tax, or failing to identify all beneficiaries. Early legal advice can minimise exposure to personal liability.
Q: Do I need probate for every estate in the UK?
A: Probate is required when the estate value exceeds £5,000 or includes property. Estates valued at £5,000 or less don't require probate and have no application fee. Banks and financial institutions typically require a grant of probate before releasing funds, though small accounts (usually under £5,000-£20,000 depending on the institution) may be released without formal probate.
Q: What is the Tell Us Once service and how does it help executors?
A: Tell Us Once is a free government service that allows executors to notify multiple government agencies about a death simultaneously. When you register the death, the registrar provides a unique reference number valid for 28 days. The service notifies HMRC, DVLA, Passport Office, local council, and pension schemes in one process, with all organisations updating their records within 15 days. It has a 92% customer satisfaction rating.
Q: How much does probate cost in the UK in 2025?
A: The probate application fee is £300 for estates valued over £5,000 (no fee for estates £5,000 or less). Extra copies of the grant cost £16 each (increased from £1.50 in November 2025). Second applications (such as when applying after holding power reserved) cost £21. These are court fees only - solicitor fees for estate administration typically start at £650 and can exceed several thousand pounds for complex estates.
Q: What happens if an executor distributes assets too early?
A: Early or improper asset distribution is one of the most costly executor mistakes. If assets are distributed before debts or taxes are paid, the executor becomes personally liable for those outstanding amounts. Executors must wait until probate is granted, all debts are settled, inheritance tax is paid, and the statutory creditor notice period (minimum 2 months after publication in The Gazette) expires before distributing assets to beneficiaries.
Conclusion
Being an executor involves significant responsibility, but breaking down the process into these 12 manageable tasks makes estate administration approachable:
- Register the death within 5 days and order sufficient death certificates
- Locate the will, secure property, and notify insurers within the first week
- Use Tell Us Once to notify government agencies, manually notify banks and financial institutions
- Value the estate carefully using professional valuations where needed
- Apply for probate online for faster processing (2 weeks vs 15 weeks for paper)
- Never distribute assets until all debts paid and Gazette notice period expired
- Keep meticulous records and obtain signed receipts from all beneficiaries
- Seek professional advice early for complex estates or when uncertain
Being named as an executor is both an honour and a significant responsibility. While the process can feel overwhelming, breaking it down into these systematic tasks makes estate administration manageable for most people. The key is starting with the right knowledge, proceeding methodically, and knowing when to seek professional help - both as an executor now and when creating your own will for the future.
Need Help with Your Will?
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- Death in Service Benefits Explained: What UK Employees Need to Know
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This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.
Sources:
- GOV.UK - Probate waiting times halved
- GOV.UK - Applying for probate fees
- GOV.UK - Inheritance Tax thresholds
- GOV.UK - Dealing with the estate of someone who's died
- GOV.UK - HMRC Trusts and Estates Manual
- Legislation.gov.uk - Administration of Estates Act 1925
- PublicTechnology.net - Tell Us Once modernisation
- The Gazette - Executor duties guide
- Medway Council - Register a death step by step
- Town and Country Law - Common probate mistakes
- Switalskis - Executor misconduct
- GOV.UK - Check if an estate qualifies for residence nil rate band