Executor Duties Checklist

An executor is the person named in a will to administer the deceased's estate. The role carries significant legal responsibilities and, in some cases, personal liability. Understanding what is required — and what the consequences of getting it wrong can be — is essential before taking on the role.

The executor's primary duty is to administer the estate in accordance with the will and the law. This means collecting all assets, paying all debts and liabilities, accounting to HMRC for any taxes due, and distributing the remainder to the beneficiaries named in the will. The executor must act impartially between beneficiaries and must not allow their own interests to conflict with their duties to the estate.

Obtaining the Grant of Probate

Before an executor can deal with most estate assets, they must obtain a Grant of Probate from the Probate Registry. The grant is the legal document that confirms the executor's authority to act. To obtain the grant, the executor must submit the original will, a certified copy of the death certificate, and the relevant inheritance tax form (IHT205 or IHT400) to the Probate Registry. Any inheritance tax due must be paid before the grant is issued.

Once the grant is issued, the executor can use it to collect assets from banks and financial institutions, sell or transfer property, and deal with investments and other assets. Each institution will have its own process for releasing assets — most will require a certified copy of the grant and the death certificate.

Paying Debts and Liabilities

The executor must pay all of the deceased's debts before distributing the estate to beneficiaries. Debts include mortgages, credit cards, loans, utility bills, and any other outstanding liabilities. The executor must also pay the costs of the funeral and the costs of administering the estate (including any professional fees).

Debts must be paid in a specific order of priority. Secured debts (such as mortgages) take priority over unsecured debts. If the estate is insolvent (debts exceed assets), the executor must follow the statutory order of priority and cannot make any distributions to beneficiaries. An executor who distributes assets to beneficiaries before paying all debts can be held personally liable to creditors.

Inheritance Tax and Income Tax

The executor is responsible for completing and submitting the inheritance tax return to HMRC, paying any IHT due, and filing the deceased's final income tax return for the period up to the date of death. During the administration period, the executor must also account for any income tax arising on income received by the estate (such as rental income, dividends, or interest).

HMRC has powers to investigate IHT returns and may raise enquiries about the valuation of assets or the availability of reliefs and exemptions. Executors who submit inaccurate returns can face penalties. Professional advice is strongly recommended for estates with significant assets, business interests, or complex IHT positions.

Protecting Yourself as Executor

Executors can protect themselves from personal liability by placing a statutory advertisement in The Gazette and a local newspaper, inviting creditors to come forward within a specified period (usually two months). After that period, the executor can distribute the estate without personal liability for unknown debts — provided they have made reasonable enquiries. This step is particularly important where the deceased may have had unknown debts or liabilities.

Executors should also keep full records of all transactions during the administration — every asset collected, every debt paid, and every distribution made. These records form the basis of the estate accounts, which beneficiaries are entitled to see and can challenge if they believe they are incorrect.