Being named as an executor in someone's will is an important responsibility. An executor is the person chosen to carry out the wishes set out in the will and deal with the person's estate after they have died. Although the role can seem daunting, many estates can be administered without professional help. This guide explains what an executor does, their legal responsibilities and what to expect.
An executor is the person, or people, appointed in a will to administer the estate after someone dies. Their role is to ensure that the person's wishes are carried out correctly and that the estate is dealt with according to the law.
An executor's duties may include:
No.If you have been appointed as an executor, you do not have to accept the role.If you decide not to act, there is a legal process that allows you to step down before you begin administering the estate. If you are unsure, it may be helpful to seek legal advice before making a decision.
Yes.Many people appoint two or more executors. This allows responsibilities to be shared and provides support when making important decisions.
Family members and friends acting as executors do not usually receive payment for carrying out their duties. However, they can normally reclaim reasonable expenses incurred while administering the estate. Professional executors, such as solicitors, may charge for their services.
Every estate is different. Some estates can be completed within a few months, while larger or more complex estates may take considerably longer. The executor's responsibilities continue until the estate has been fully administered.
In some circumstances, yes. If an executor is unable or unwilling to carry out their duties, or there are serious concerns about how the estate is being managed, the courts may become involved. Legal advice should be sought if disputes arise.
Yes. It is very common for an executor to also inherit under the will.
Not always. Whether probate is required depends on the estate and the organisations holding the person's assets.
Yes. Executors can seek professional advice from solicitors, accountants or probate specialists if they need assistance.
If another executor has been appointed, they can usually continue administering the estate. If not, alternative legal arrangements may be required.