Executor of a Will UK 2026 — Duties, Pay & How to Choose

What Does an Executor Do?

The executor is the legal personal representative of someone who has died with a Will. They have a fiduciary duty to administer the estate honestly, in line with the Will, and in the best interests of the beneficiaries. They are personally liable if they get it wrong — but they don’t have to do everything alone, and most use a professional service for the technical steps.

Step-by-Step: The 8 Duties of an Executor

#	Duty	What it involves
1	Locate the Will	Find the most recent valid Will. Check home, safe, solicitor, bank, or the National Will Register.
2	Register the death	Within 5 days. Obtain death certificates — order 4–6 certified copies (one per institution).
3	Value the estate	List all assets (property, accounts, investments, possessions) and debts. Get formal valuations where needed for IHT.
4	Apply for probate	Submit IHT forms to HMRC, then apply for the Grant of Probate via gov.uk. HMCTS court fee is £273 for estates over £5,000.
5	Pay debts and taxes	Settle outstanding bills, mortgages, credit cards, income tax, and any Inheritance Tax due (typically 40% above the £325,000 nil-rate band).
6	Collect in the assets	Close accounts, sell or transfer property, encash investments, recover money owed to the estate.
7	Distribute to beneficiaries	Pay out specific gifts, then distribute the residue per the Will. Consider Section 27 Trustee Act notice to protect against unknown creditors.
8	Prepare estate accounts	Final accounts showing all money in and out. Beneficiaries are entitled to see them before signing off.

Who Can Be an Executor?

Anyone aged 18 or over with mental capacity can be an executor — there’s no requirement for legal qualifications, financial expertise, or UK residence. The most common choices are:

• Spouse or civil partner — the default choice for most married Will-makers. They typically inherit and act jointly with another executor.
• Adult children — suitable once they’re old enough and mature enough to handle the responsibility. Often appointed alongside a surviving parent.
• A trusted friend or relative — useful where family is small, distant, or where impartiality matters.
• A professional executor — a solicitor, accountant, or specialist firm. Brings expertise but charges (commonly 1–4% of the estate). Best reserved for genuinely complex estates.

How Many Executors Should You Appoint?

The legal maximum is four executors who can apply for probate at the same time. Most Wills name one or two, which is the practical sweet spot:

• One executor — simple, but no backup if they die before you, lose capacity, or refuse to act.
• Two executors (recommended) — provides redundancy and shared workload. Usually a spouse plus one other.
• Three or four — rare, and can slow decision-making. All must agree on every step. Worth considering only for large or international estates.

It’s also wise to name a substitute executor — someone who steps in if your first choice can’t or won’t act when the time comes.

What If You Don’t Name an Executor?

If your Will fails to appoint an executor — or every named executor has died, lost capacity, or renounced — the court appoints an administrator instead. They are granted Letters of Administration with the Will Annexed. Priority follows the Non-Contentious Probate Rules, with the residuary beneficiary normally first in line. The estate is still distributed under your Will, but the process is slower and less certain than naming your own executor.

Can an Executor Refuse to Act?

Yes. An executor who has not yet “intermeddled” (started dealing with estate assets) can formally renounce the role using a Deed of Renunciation (form PA15). Once filed at the Probate Registry, the right to act passes to any other named executor or to the next person in priority. An executor who has already started administering the estate cannot simply walk away — they must apply for a court order or appoint someone to act on their behalf.

Do Executors Get Paid?

This is one of the most common questions — and the answer surprises people.

• Lay executors are not paid for their time unless the Will specifically authorises a fee. The default rule is unpaid.
• They can recover reasonable out-of-pocket expenses — postage, travel, valuation fees, court fees — from the estate.
• Professional executors charge a fee, typically 1–4% of the gross estate value. On a £400,000 estate that’s £4,000–£16,000 in fees alone.
• Charging clauses in the Will can authorise lay executors to be paid for their time. Without one, the unpaid default applies.

Choosing the Right Executor — Checklist

• Are they over 18, of sound mind, and likely to outlive you?
• Do they live in the UK or have practical access to it?
• Are they organised, honest, and able to handle paperwork?
• Will they be willing to act when the time comes? Ask them first.
• Is there a backup if they can’t act?
• For complex estates, would a professional executor be safer?

Frequently Asked Questions

Can my spouse be my executor and beneficiary?

Yes — this is the single most common arrangement in UK Wills. Being a beneficiary does not prevent someone from acting as executor.

How many executors can apply for probate at once?

The legal maximum is four. Most Wills name one or two, with two being the recommended balance of redundancy and simplicity.

Can a beneficiary refuse to be an executor?

Yes — even if they are also a beneficiary. They can renounce using form PA15. Renouncing the executor role does not affect their inheritance.

Do executors need to be UK residents?

No, but a non-resident executor can complicate probate, tax, and the practical handling of UK assets. Most people appoint at least one UK-resident executor for that reason.

Can an executor be removed?

Yes — but only by court order under section 50 of the Administration of Justice Act 1985, and only for serious reasons (misconduct, refusal to act, conflict of interest). It’s a last resort.

Are executors personally liable?

Yes. Executors are personally liable for losses caused by their own negligence or breach of duty — for example, distributing the estate without paying creditors first, or under-declaring IHT to HMRC. Following correct procedure (and using a professional probate service) protects against this.

How long does probate take?

Typically 9–12 months from death to final distribution. The Grant of Probate itself usually takes 8–16 weeks from application.