What is an executor?

England & Wales · Executors

Quick answer

An executor is the person named in a will to carry out its instructions after death. Their job is to collect in the estate's assets, pay debts, taxes and expenses, and then distribute what remains to the beneficiaries as the will directs. Executors have real legal duties and can be held personally responsible for getting it wrong, so the role should not be taken lightly.

Detailed explanation

When you make a will, you appoint one or more executors to put it into effect. They are the people who step in after you die to administer your estate. An executor's typical responsibilities include:

Executors owe a fiduciary duty — they must act honestly, in the best interests of the estate and all the beneficiaries, and avoid conflicts of interest. If they make serious errors, such as paying out before settling tax, they can be personally liable.

Almost anyone aged 18 or over with mental capacity can be an executor: a spouse, an adult child, a friend, or a professional such as a solicitor. An executor can also be a beneficiary, which is very common. Up to four executors can take the grant of probate at once. Because the role can be demanding, it is wise to choose people who are trustworthy, organised, and able to cooperate — and to ask them first.

Example scenario

In her will, Susan appoints her husband and her adult son as executors. After Susan dies, they value her estate, apply for probate, pay her outstanding bills and a small inheritance-tax liability, sell her shares, and distribute the estate to the beneficiaries. Because there are two of them, they share the workload and provide a backup for each other.

Tip: If you are choosing executors for your own will, appoint at least two (or a substitute) so the estate is not stranded if one cannot act, and tell them where your will is kept.

Sources

  1. Administration of Estates Act 1925 — legislation.gov.uk
  2. GOV.UK — Applying for probate and Responsibilities of an executor
  3. Citizens Advice — Dealing with the estate of someone who has died
Reviewed by
ClearLegacy editorial team
Last reviewed
June 2026
Next review
December 2026
Jurisdiction
England & Wales

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