What are the responsibilities of an executor?

When someone dies, all of the items that they own, including their property, finances, personal belongings and liabilities, are known as their estate. The management of this estate requires careful administration to ensure all assets are appropriately distributed, debts are settled, and legal requirements are met.

This role falls to the executor named in the Will. In the absence of a Will, or a validly appointed executor, the court can appoint an administrator who has similar responsibilities.

In this article, we break down the key responsibilities of executors and what happens if those responsibilities are breached.

What is the role of an executor?

Executors are legally required to administer the estate in accordance with the deceased’s Will and the law. Any mistakes or oversights in this process can lead to serious consequences, including personal liability.

What are the duties of an executor?

✅ 1.   Valuing the Estate

One of the first tasks an executor must complete is identifying all assets owned by the deceased. These assets can include property, bank accounts, investments, shares, and personal possessions. Each asset must be valued based on their worth at the date of death to determine the total estate value. Executors may need to work with professionals such as financial advisors, accountants or surveyors to confirm the accurate asset valuation.

✅ 2.   Informing all necessary institutions

Informing the necessary institutions of the deceased’s death is a crucial step. Banks, utility providers, government agencies, insurance companies and other organisations involved in the deceased’s financial and personal affairs must be notified to facilitate account closures and updates.

✅ 3.   Applying for Probate

Probate is the legal process that gives an executor the authority to administer the estate. In some cases, the executor may need to apply for probate before they are able to deal with some assets in the estate. Applying for probate involves submitting necessary documents to the probate registry and prior to this may also require an Inheritance Tax Account to be submitted to HMRC (whether or not the estate is subject to inheritance tax).

If there is no Will, then the administrator will need to apply for Letters of Administration.

✅ 4.   Paying any debts or liabilities due

Before distributing the estate, all debts, taxes, and liabilities must be settled. This includes any credit card debts, loans, utility bills, income tax and inheritance tax.  Failure to address outstanding financial obligations can lead to personal liability for the executor.

✅ 5.   Distributing the assets in accordance with the Will

If the deceased left a valid Will, the executor is responsible for ensuring that assets are distributed in accordance with the terms of the Will. This may include transferring property, distributing financial assets, or allocating personal belongings to beneficiaries.

✅ 6.   Communicating Transparently

Executors should keep beneficiaries informed and respond to reasonable requests for information.

✅ 7.   Keeping Clear Records

Executors are expected to maintain detailed accounts of all transactions related to the estate, including payments made, assets distributed, and expenses incurred. Estate Accounts should be provided to beneficiaries once the administration of the estate has been completed. 

What happens if an executor makes a mistake?

Being an executor carries legal and financial risk. Errors, delays, or negligence can lead to serious consequences, including:

❌ Personal Financial Liability

If an executor distributes the estate before paying all debts or taxes, they may have to repay the shortfall from their own funds.

❌ Claims from Beneficiaries or Creditors

Executors can be sued for breach of duty by beneficiaries or creditors, particularly if mistakes cause financial loss or incorrect distribution.

❌ HMRC Penalties

Incorrect inheritance tax submissions can lead to penalties, interest, and further investigations by HMRC.

❌ Court Proceedings and Removal

If beneficiaries believe an executor is acting improperly or delaying probate, they can apply to the court to have them removed or replaced.

❌ Damage to Family Relationships

Mismanagement or lack of transparency can lead to family disputes, broken trust, and prolonged conflict during a sensitive time.

What are the common executor mistakes to avoid?

Executors hold a significant legal responsibility and mistakes, even that being unintentional, can result in personal liability.

• Failing to account to all creditors or beneficiaries
• Distributing estate assets before settling outstanding debts
• Missing inheritance tax deadlines or under-reporting values
• Failing to keep receipts and records
• Ignoring requests for information from beneficiaries

Seeking professional guidance

Acting as an executor can be a difficult and time consuming task. Errors can have serious financial and legal consequences. Seeking professional legal advice can help prevent costly mistakes and ensure compliance with legal requirements.

Next Steps: Get in Touch

If you would like to discuss acting as an executor, please contact our team of legal experts at John Hodge Solicitors. We have offices in Bridgwater, Bristol, Clevedon, Wedmore, Weston-super-Mare, and Yatton.

You can reach us via our website or by calling 0800 097 8611.