What to do if you’ve been named as an Executor
Being named as an Executor in someone’s Will is a serious responsibility. It means you have been chosen to deal with the legal and financial matters of their estate after they die. If you are in this position for the first time, it can feel daunting. The good news is that help and support are available, and you do not need to manage everything alone.
Step one: Decide whether to accept the role
You are not legally obliged to act as an Executor, even if you are named in the Will. If you do not want the responsibility, you can:
- Renounce the role by formally giving it up, provided you have not already carried out any Executor duties.
- Reserve your power if there are other Executors named, which allows them to act while keeping your right to step in later.
It is always worth considering your circumstances before deciding. Acting as an Executor can take time and involves legal duties. If you are unsure, you may want to take advice before making a decision.
Step two: Locate the Will and register the death
The first practical steps after someone has died include registering the death and locating the original Will. The Will sets out who the Executors are, along with details of how the estate should be distributed.
If you are the named Executor, you will usually need the original Will and the death certificate before you can begin the probate process. There are national registers available to help you locate a Will if needed, or check that the version you’re aware of is the most up-to-date.
Step three: Apply for probate (if needed)
Probate gives you the legal authority to deal with an estate. Whether you need probate depends on the value and type of assets left behind. For example, you usually need probate to sell a house or deal with certain bank accounts, but not for small balances.
As Executor, you can apply for probate yourself through the HM Courts and Tribunals Service, or you can instruct a Solicitor or other regulated probate professional to handle the application for you.
Step four: Manage the estate
Once probate has been granted, your responsibilities include:
- Collecting the assets, such as money in bank accounts, investments, and property.
- Paying any debts and outstanding bills.
- Completing Inheritance Tax or Income Tax paperwork if required.
- Distributing what is left to the beneficiaries, as set out in the Will
This part of the process can take months, and Executors are legally responsible for making sure everything is done correctly.
Step five: Keep records and communicate with beneficiaries
Executors must act in the best interests of the estate and its beneficiaries. That means keeping accurate accounts of all money received and paid out, and keeping beneficiaries updated on progress. Clear communication can prevent misunderstandings and disputes.
Getting help as an Executor
Many Executors find the role overwhelming, especially if the estate is large or complicated. You do not have to do it all yourself. A Solicitor or other regulated probate professional can handle some or all of the work on your behalf.
If you are choosing professional help, make sure they are properly regulated by a professional body, such as the Solicitors Regulation Authority (SRA), the ICAEW (which we are registered with), or STEP. This ensures they are held to high standards and that you have protection if something goes wrong.
Key takeaway
Being named as an Executor in a Will is a significant responsibility, but you do not need to face it alone. Start by deciding whether you are able to take on the role, gathering the essential documents, and understanding the main steps in the process. With good organisation and the right support, you can carry out your duties properly and respect the wishes of the person who appointed you.
