Wills, Trusts & Estates · Executor Guidance

Step-by-Step Checklist

Executor Duties Checklist

What does an executor have to do? This step-by-step checklist covers everything from registering the death to distributing the estate — written for executors in England and Wales.

Being appointed as an executor is a significant responsibility. Our probate team at PDA Law can guide you through every step, or take on the administration on your behalf. Chester-based, acting across Cheshire, North Wales and England and Wales.

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Key Points for Executors

Register the death within 5 days and obtain multiple death certificates.
Locate the original will — a photocopy is not sufficient for probate.
Value all assets and liabilities at the date of death.
Pay inheritance tax before the Grant of Probate is issued.
Advertise for creditors to protect yourself from personal liability.
Distribute the estate only after all debts and taxes have been paid.
Keep full records of all transactions throughout the administration.

The Executor Duties Checklist

Work through each phase in order. Some tasks can be done in parallel, but the phases broadly follow the sequence of estate administration.

Immediately after death

Deaths must be registered within 5 days in England and Wales. You will need the medical certificate of cause of death from the doctor or hospital. Register at the local register office.

Obtain multiple death certificates

Order at least 6–10 certified copies of the death certificate. Banks, financial institutions, and HMRC will each require an original — photocopies are not accepted.

Locate the original will

Find the original signed will. Check with the deceased's solicitor, bank, or any will storage service. A photocopy is not sufficient for probate.

Secure the estate

Ensure the deceased's property is secure. Notify the home insurer of the death — most policies require this within a short period. Cancel any direct debits for non-essential services.

Notify relevant parties

Inform the deceased's employer, pension provider, DWP (for state pension and benefits), HMRC, and any other relevant organisations.

Weeks 1–4: Valuing the estate

Identify all assets and liabilities

Make a comprehensive list of everything the deceased owned (assets) and owed (liabilities). This includes property, bank accounts, investments, pensions, life insurance, vehicles, and personal possessions.

Obtain valuations

Get professional valuations for property (RICS surveyor), investments (from the financial institution), and any other significant assets. Valuations should be at the date of death.

Check for jointly owned assets

Identify any assets held jointly with another person. These may pass automatically by survivorship and may not form part of the estate for probate purposes.

Identify all debts

Gather details of all outstanding debts — mortgage, credit cards, loans, utility bills, and any other liabilities. These must be paid before the estate is distributed.

Check for lifetime gifts

Identify any significant gifts made by the deceased in the 7 years before death. These may be relevant for inheritance tax purposes.

Applying for probate

Complete the inheritance tax return

Even if no IHT is due, you must complete the relevant HMRC form (IHT205 for smaller estates, IHT400 for larger or more complex estates). IHT must be paid before probate is granted.

Apply for the Grant of Probate

Submit the probate application to the Probate Registry, along with the original will, the death certificate, and the IHT form. The grant gives you legal authority to administer the estate.

Advertise for creditors

Consider placing a statutory notice in The Gazette and a local newspaper. This protects you as executor from personal liability for unknown debts that emerge after the estate is distributed.

Open an executor's bank account

Open a separate bank account in the name of the estate to receive and hold estate funds during administration. This keeps estate money separate from your own.

Administering the estate

Collect all assets

Use the Grant of Probate to collect all estate assets — close bank accounts, transfer investments, and deal with any property. Each institution will have its own process.

Pay all debts and expenses

Pay all outstanding debts, funeral expenses, and administration costs from the estate funds. Keep records of all payments.

Submit the final tax return

File the deceased's final income tax return for the period up to the date of death. Also deal with any income tax arising during the administration period.

Prepare estate accounts

Prepare a full set of estate accounts showing all assets collected, debts paid, and the balance available for distribution. Beneficiaries are entitled to see these accounts.

Distribute the estate

Transfer assets to beneficiaries in accordance with the will. Obtain a receipt from each beneficiary. Keep records of all distributions.

Need help as an executor?

Laura Kirton

Wills & Probate Solicitor · 10 Years Qualified

Estate Administration

Darren Steele

Senior Private Client Executive · STEP Member

Probate & Executor Support

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Many executors choose to instruct a solicitor to handle some or all of the estate administration. We offer a full estate administration service, as well as targeted advice on specific issues — such as inheritance tax, property transfers, or dealing with disputes.

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Frequently Asked Questions

How long does an executor have to settle an estate in the UK?

There is no fixed legal deadline, but executors are expected to administer the estate within a reasonable time. The "executor's year" is a well-established principle — beneficiaries generally cannot demand distribution within the first 12 months. In practice, straightforward estates typically take 6–12 months; complex estates can take 2–3 years.

Can an executor be held personally liable?

Yes. An executor who distributes the estate without paying all debts, or who makes distributions that turn out to be incorrect, can be held personally liable to creditors or beneficiaries. This is why advertising for creditors and taking professional advice is important, particularly for complex estates.

Do I need a solicitor to act as executor?

No — you are not legally required to use a solicitor. However, many executors choose to instruct a solicitor to handle some or all of the administration, particularly for complex estates, where there is property, significant assets, or potential disputes. We offer a range of services from full estate administration to targeted advice on specific issues.

What if I don't want to act as executor?

If you have been appointed as executor but do not wish to act, you can formally renounce the role — but only before you have started to act in the administration. Once you have taken any steps (such as contacting banks or collecting assets), you cannot renounce. If you wish to step back, take legal advice promptly.

Can an executor be removed?

Yes — an executor can be removed by the court if they are failing to administer the estate properly, are in conflict with beneficiaries, or are otherwise unfit to act. Beneficiaries can apply to the court for an order removing the executor and appointing a replacement.

What is the difference between an executor and a trustee?

An executor administers the estate — collecting assets, paying debts, and distributing to beneficiaries. A trustee manages any ongoing trust created by the will (for example, a trust for minor children or a life interest trust). The same person can be both executor and trustee, and often is.