The executor of a will

Thinking about your own death isn’t much fun, but it’s important you have a plan in place when it comes to your assets. Here’s everything you need to know about choosing an executor for your will.

Kara Gammell

Finances expert

minute read

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Last Updated 10 MAY 2022

What is an executor?

An executor is the person whose duty it is to deal with the estate, including the will, of a person after they die. If that person didn’t leave a will, then the individual who takes care of their estate is known as the administrator.

A person’s estate could consist of:

Any property they owned
Money held in a bank or building society
Stocks and shares, including ISAs and other investments
Pensions
Personal possessions and heirlooms

Additionally, there may be proceeds of a life insurance policy – to cover things like funeral costs – to take care of. Read more in our guide to funeral cover.

What does an executor do?

Seeking the grant of a probate, which is often the first step in administering an estate - you apply for the official grant yourself or by using a solicitor.
Finding all the financial documentation belonging to the deceased person
Sending the death certificate to the organisation(s) holding a person’s assets, such as their former employer
Asking them to confirm bank balances and also to freeze any accounts which were active at the time of a person’s death
Verifying any debts owed to the estate, or any debt owed by it
Preparing a detailed list of everything owned by the estate
Paying any inheritance tax that may be outstanding

If the person who’s died has any debts, these will need to be paid off from the estate. If the deceased had a will, the estate will be distributed in accordance with their wishes. If the person passed away without leaving a will, it will be distributed according to a set of legal directives called the rules of intestacy.

An executor should try to sort out the tax or benefits of an estate as soon as possible, as there may be tax to pay or a rebate due. Learn more about tax and life insurance. Also, you’ll need to tell the tax office and any other departments that were paying benefits at the time the person passed away.

Who can be the executor of a will?

Anybody aged at 18 and over can be an executor of a will. That includes anyone named as a beneficiary – however, they can’t be one of the official witnesses to your will. People commonly choose their spouse or civil partner, or their children, to be their executor.

As many as four executors can act at a time, but they all have to act jointly so it may not be a good idea to appoint that many. You could pick one member of your family and a professional, for example a solicitor. You’re allowed to choose substitute executors in case your original executor dies before (or around the same time) as you.

Always ask the person you’ve chosen to be executor first, as they may not want the responsibility. Ask if they’re sure they have the time and always give them a chance to opt out. It’s better for everyone if you give potential executors and trustees a guilt-free way to turn the job down.

How should I choose my executor?

Picking an executor is easier than you might think. It could be a friend, family member or someone unrelated but it should be someone you feel you can trust and is willing to take on the responsibility of the role. They’ll need to be able to follow all the instructions that you leave in your will – and to find solutions to any problems that may arise. Choosing an executor who has legal experience and a sharp eye for detail could also be a good idea.

What if I have outstanding debts?

If you think you’re going to die owing money, you should try to ensure your creditors are easy to find. If there’s enough money tied up in your estate to pay for the debts, these will need to be paid. If the deceased’s assets won’t cover any outstanding debts, a creditor cannot recover this from surviving relatives - unless the debts were jointly owed.