Being appointed as an executor is both an honour and a significant legal responsibility. Executor duties are wide-ranging, can be complex, and carry personal liability risks if mistakes are made. Many executors underestimate the time, expertise and care required. At Curtis Legal, we help executors understand their duties fully and carry them out correctly — protecting them from personal liability at every stage.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
What Is an Executor?
An executor is the person appointed in a will to administer the estate of the deceased. Executor duties begin at the point of death and end only when the estate has been fully administered, the accounts have been finalised and signed off by the beneficiaries, and all assets have been distributed. There can be up to four executors appointed in a will, though one or two is most common. Where there is no will, an administrator carries out essentially the same role under Letters of Administration.
Core Executor Duties — A Complete Guide
Locate and Validate the Will
Locate the original will and confirm that it is valid — signed by the testator and witnessed correctly by two independent witnesses present at the same time, in accordance with the Wills Act 1837. If there is any doubt about validity, seek legal advice immediately before taking any further steps.
Register the Death and Notify Relevant Parties
Register the death within five days, obtain multiple certified copies of the death certificate, and notify all relevant organisations — including banks, HMRC, the Department for Work and Pensions, pension providers, utility companies and insurers.
Value the Estate
Carry out a thorough and accurate valuation of all assets and liabilities of the estate. This includes obtaining professional valuations for property, investments and business interests, identifying all bank and savings accounts, identifying any debts or liabilities, and checking for gifts made in the seven years before death for inheritance tax purposes.
Complete the Inheritance Tax Return
Where the estate is liable for inheritance tax, complete the HMRC inheritance tax return accurately, claim every available exemption and relief, and ensure that any tax due is paid by the deadline. Errors in the inheritance tax return can result in HMRC penalties and personal liability for the executor.
Apply for the Grant of Probate
Make the formal application to the Probate Registry for the Grant of Probate, which gives the executor legal authority to deal with the assets of the estate. The application requires a completed inheritance tax return, a statement of truth, and the original will.
Collect the Assets and Settle Debts
Once the Grant of Probate has been obtained, collect all assets of the estate — closing bank accounts, cashing in investments, transferring or selling property — and settle all outstanding debts and liabilities in the correct order of priority. Accurate record-keeping of every transaction is essential.
Advertise for Creditors
Place a Section 27 notice in the London Gazette and a local newspaper, giving creditors two months to come forward with any claims against the estate. Without this notice, executors remain personally liable for unknown debts that emerge after the estate has been distributed.
Distribute the Estate and Prepare the Accounts
Distribute the net estate to the beneficiaries in accordance with the will, obtain signed receipts from each beneficiary, and prepare the estate accounts — a clear summary of all assets collected, debts paid and distributions made.
Executor Duties and Personal Liability
Executors can be held personally liable in a number of circumstances, including distributing the estate before all debts have been settled, failing to advertise for creditors, making errors in the inheritance tax return, acting in the interests of one beneficiary at the expense of another, and allowing a contested will dispute to escalate without taking appropriate legal advice.
Understanding executor duties fully — and taking professional advice where needed — is the most effective way to protect yourself from personal liability throughout the administration of the estate.
What Will Probate Cost? Get an Estimate in 60 Seconds
Answer three quick questions and see a fee estimate based on the estate — no personal details required to start.
📊 Get Fee EstimateCan an Executor Instruct a Solicitor?
Yes. All or some of the executor duties can be delegated to a solicitor, and the solicitor’s fees are payable from the estate as a proper expense of administration. Many executors choose to instruct Curtis Legal to carry out some or all of the executor duties on their behalf — particularly where the estate is complex, where there are multiple beneficiaries, or where there is a risk of a disputed claim arising.
What Our Clients Say
“The service I received was excellent. The person who dealt with the case was very helpful and I would have no hesitation in recommending your services.”
“Excellent service throughout. The person who dealt with my matter was excellent and very helpful. I was very happy with the time it took and the outcome. There was no fuss and no trouble and not much work to be done by me as Curtis Legal did all the work on my behalf.”
“The service that I received was excellent with good solid advice. The person dealing with the matter was great support and very helpful. I would definitely use your service again but I hope I don’t have to.”
"Handled everything professionally and with real compassion."
Verified review · Reviews Solicitors · Probate client
Frequently Asked Questions About Executor Duties
Can I refuse to act as executor?
Yes. If you have been appointed as executor but do not wish to act, you can renounce the role before taking any steps to administer the estate. Once you have begun to carry out executor duties — even informally — renouncing becomes more complicated and may require a court application.
Can an executor also be a beneficiary?
Yes. It is entirely common for an executor to also be a beneficiary of the estate. Being a beneficiary does not disqualify you from acting as executor, provided you carry out your executor duties impartially and in the interests of all beneficiaries equally.
What if there is no executor?
If the deceased died without a will, or if the appointed executor is unable or unwilling to act and no substitute executor was named, an administrator can apply for Letters of Administration to carry out essentially the same role under the intestacy rules.
How long do executor duties take?
The time required to complete executor duties varies considerably depending on the complexity of the estate. A straightforward estate might be fully administered within six to nine months. A complex estate involving property, business interests or disputes can take considerably longer.
What is a Section 27 notice?
A Section 27 notice is a statutory advertisement placed in the London Gazette and a local newspaper giving creditors two months to come forward with any claims against the estate. Placing a Section 27 notice protects executors from personal liability for unknown debts that emerge after the estate has been distributed — one of the most important of all executor duties.
Speak to Simon Jenkins and the Team Today
If you have been appointed as executor and need guidance on your executor duties, call us free on 0800 214 216 for a confidential conversation with no obligation. Alternatively, email [email protected] or complete our online enquiry form and we will call you back the same day.
Curtis Legal Ltd is authorised and regulated by the Solicitors Regulation Authority. SRA Number: 450129.
Simon Jenkins has over 30 years of experience in probate, estate administration, medical negligence and personal injury. All articles on this site are written or reviewed by Simon before publication.
About Simon →