Probate Services
Executor Advice & Support
Being an executor carries legal responsibility and can feel daunting, especially where family relationships are strained or expectations differ.
You may remain executor while we support you, or we can act on your behalf where appropriate. Our role is to guide you calmly and lawfully through the process.
How We Help Executors
Executors have significant legal responsibilities. Getting things wrong — even unintentionally — can result in personal liability. We provide practical, clear advice to help you fulfil your role correctly.
- Understand your legal duties and obligations as executor
- Avoid personal liability for mistakes or omissions
- Respond appropriately to challenging or unreasonable beneficiaries
- Navigate disagreements between family members calmly and lawfully
- Deal with creditors and outstanding debts of the estate
- Understand when and how to distribute the estate
- Protect yourself with statutory notices and searches
When This Service Is Suitable
You want to remain executor
You wish to administer the estate yourself but want professional guidance and reassurance at key stages.
Family relationships are strained
There is tension between beneficiaries or family members, and you want to ensure you act correctly and impartially.
Beneficiaries are making demands
You are receiving pressure from beneficiaries and want to understand your rights and obligations.
You are concerned about liability
You want to ensure you are protected from personal liability before distributing the estate.
Common Questions
Frequently Asked Questions
What are the main duties of an executor?
An executor's duties include: locating and reviewing the will; registering the death; notifying banks, HMRC and other institutions; valuing the estate's assets and liabilities; applying for the grant of probate; collecting assets; paying debts and taxes; preparing estate accounts; and distributing the estate to beneficiaries. Executors have a legal duty to act in the interests of all beneficiaries and can be held personally liable for mistakes.
Can I refuse to act as executor?
Yes. Being named as executor in a will does not oblige you to act. You can renounce the role before taking any steps to administer the estate. Once you have started to act, renouncing is more difficult. If you do not wish to act, you can appoint a solicitor to act in your place, or another person named in the will can take on the role. We can advise on your options.
Can an executor be held personally liable?
Yes. Executors can be held personally liable for losses caused by their actions or omissions. Common risks include distributing the estate before all debts are paid, failing to notify creditors, making incorrect inheritance tax returns, and distributing assets to the wrong beneficiaries. Taking professional advice at key stages significantly reduces the risk of personal liability.
What if beneficiaries are making unreasonable demands?
Executors have a duty to act impartially and in accordance with the will and the law — not to satisfy every demand made by beneficiaries. If beneficiaries are making unreasonable demands or threatening legal action, we can advise you on your rights and obligations, help manage communications, and ensure you are protected. You do not have to respond to every demand immediately.
How long does an executor have to administer an estate?
There is no fixed legal deadline for administering an estate, but executors are expected to act with reasonable speed. The "executor's year" is a general principle that executors should complete the administration within 12 months of the date of death. Beneficiaries cannot demand payment before this period has elapsed. Delays beyond 12 months should be explained to beneficiaries.
What happens if there is no executor?
If there is no executor — because none was appointed, or the appointed executor has died or is unable to act — an administrator can apply for letters of administration. The administrator has the same powers as an executor. If there is no will, the intestacy rules determine who can apply to administer the estate. We can advise on who is entitled to apply and manage the application on your behalf.
Can an executor also be a beneficiary?
Yes — it is very common for an executor to also be a beneficiary. There is no legal prohibition on this. However, an executor who is also a beneficiary must be careful to act in the interests of all beneficiaries, not just their own. Where there are conflicts of interest or family disputes, taking independent legal advice is particularly important.
Plan Ahead
How Executor Duties Connect to Your Wider Planning
Wills & Estate Planning
A well-drafted will makes an executor's role significantly easier — clearly appointing executors, setting out wishes, and reducing the risk of disputes between beneficiaries.
Explore Wills & Estates →Lasting Power of Attorney
Dealing with a loved one's estate often prompts people to put their own affairs in order. An LPA ensures someone you trust can manage your affairs if you lose capacity.
Explore LPA →Disputed Estates
Where beneficiaries challenge the will or dispute the administration, our contentious probate team can advise on defending or resolving claims — protecting you as executor.
Explore Disputed Estates →Explore Further
Related Probate Services
Related: Lasting Power of Attorney
Dealing with a loved one's estate often prompts people to put their own affairs in order. A Lasting Power of Attorney ensures someone you trust can manage your affairs if you ever lose capacity — avoiding the need for a costly Court of Protection application.
Related: Wills, Trusts & Estates
Probate is closely connected to will writing, trust planning and inheritance tax. Our wills, trusts and estates team can help you plan ahead — so that when the time comes, the administration of your estate is as straightforward as possible.
Understanding Your Duties as Executor
Being appointed as executor is a significant legal responsibility. An executor is the person named in a will to carry out the deceased's wishes — collecting assets, paying debts, and distributing the estate to beneficiaries. While it is an honour to be trusted with this role, it also carries real legal obligations and potential personal liability.
The executor's duties begin immediately on death — even before the grant of probate is obtained. These early duties include registering the death, notifying relevant organisations (banks, HMRC, pension providers, the DWP), securing the deceased's property, and arranging the funeral if required. The executor is also responsible for identifying and valuing all assets and liabilities in the estate.
Once the grant of probate is obtained, the executor can begin collecting assets and paying debts. This includes closing bank accounts, transferring or selling investments, dealing with property, and paying any outstanding bills, loans or taxes. Inheritance tax, if due, must be paid before the grant is issued — which can create cash flow challenges where the estate is largely illiquid.
Executors have a duty to act impartially and in the interests of all beneficiaries. They must not favour one beneficiary over another, must keep proper accounts, and must distribute the estate in accordance with the will. Failure to do so can result in personal liability — executors can be sued by beneficiaries for losses caused by their mistakes or omissions.
At PDA Law, our probate solicitors in Chester provide practical, jargon-free advice to executors at every stage of the process. Whether you need guidance on a specific issue or want us to manage the entire administration on your behalf, we are here to help. Call us on 01244 757 352 for a confidential initial discussion.
Speak to a Probate Solicitor Today
We offer a confidential initial discussion to help you understand your position as executor. There is no obligation to proceed.
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Our Probate Team
Speak to a Member of Our Team
Nikolina Vukovic
Legal Executive — Wills, Trusts & Estates
Nikolina specialises in probate, wills, trusts and estate administration. She supports clients through what is often one of the most difficult periods of their lives — from straightforward administrations to complex estates involving property, inheritance tax and sensitive family circumstances.
Darren Steele
Senior Private Client Executive · STEP Member
Darren has worked in the legal sector since 1998 and has been a STEP member since 2011. He specialises in wills, trusts, lasting powers of attorney and probate — with particular expertise in inheritance tax planning and complex estate structuring.
Laura Kirton
Wills & Probate Solicitor · 10 Years Qualified
Laura is a qualified solicitor with ten years' post-qualification experience, specialising in wills, probate, and lasting powers of attorney. Known for her calm, methodical approach, she brings both legal expertise and genuine insight to every matter — particularly in emotionally complex family situations.
David Stahler
Wills, Trusts & Estates Executive
David is our first point of contact for clients enquiring about probate and estate planning. He brings a warm, personable approach to what can be a sensitive subject — and clients consistently remark on how at ease he makes them feel. Discreet, approachable, and thorough.