Who is responsible for administering a Will?
When someone dies and leaves a valid Will, the task of administering a Will falls to the person or people named in that document. They are called Executors. If there is no Will, a court appoints someone called an Administrator who carries out very similar duties under the rules of intestacy. This article explains who handles the estate and what the responsibility of administering a Will involves.
Executor or Administrator: Who takes charge?
The person named in the Will as Executor has legal responsibility for managing and distributing the deceased’s estate. They must locate and use the latest valid version of the Will. This role becomes official when they apply for and receive the Grant of Probate.
If no valid Will exists, or no Executor is named or willing to act, the court appoints an Administrator who applies for Letters of Administration. Executors and Administrators are both known as Personal Representatives (PRs), and they share the same legal duties.
Key tasks involved in administering a Will
PRs have a range of responsibilities that cover the entire estate from the date of death until everything is distributed. Core tasks include:
- Registering the death and arranging the funeral, if needed
- Locating the Will and verifying it is the latest version
- Collecting and valuing all assets, including property, bank accounts, shares, and possessions
- Applying for the Grant of Probate or Letters of Administration as needed
- Dealing with HM Revenue & Customs to report the estate’s value and settle any Inheritance Tax (IHT)
- Gathering in assets, such as proceeds from property sales or bank funds
- Paying debts, bills, taxes, and funeral costs from the estate funds
- Distributing assets to beneficiaries exactly as the Will specifies
- Preparing and sharing estate accounts with beneficiaries, seeking their approval before final distribution
Each of these steps must be done accurately and transparently, as PRs have legal and financial liability if they mismanage the estate.
Why the role matters and when help is needed
Administering an estate is a serious responsibility. Executors must act in the best interests of the estate and its beneficiaries. Missteps, such as selling property below market value, distributing assets too soon, or ignoring debts, can lead to claims or court challenges.
Complex estates, those involving overseas assets, businesses, properties, investments, or unclear family relationships, often require professional support. Many PRs engage Solicitors or Accountants to help manage specific tasks or to handle the entire administration process.
Key differences between Executors and Administrators
While Executors are named in a Will, Administrators step in when there is no valid Will or Executor. Their legal authority is given by a court-issued Grant (Letters of Administration rather than Grant of Probate). However, both must follow the same laws and rules when administering the estate.
Executors may also refuse the role or renounce it formally. Alternatively, they may reserve their power, allowing others to act first but retaining the option to step in later.
Final thoughts
Understanding who is responsible for administering a Will is vital when settling an estate. Executors or Administrators oversee everything, from valuing assets, paying liabilities, applying for the Grant, to distributing inheritances. It is a demanding role with personal accountability.
If you are asked to act as an Executor or Administrator, make sure you understand what is involved. Seeking professional help can reduce risk and ensure the estate is handled properly and fairly.
