Probate for executors: where to start
As an executor you are legally responsible for administering the estate: valuing it, applying for the grant of probate, paying debts and tax, and distributing to the beneficiaries according to the will. You act in the beneficiaries' interests, must keep accounts, and can be personally liable for mistakes — so accuracy and good records matter.
Your role as an executor
Being named an executor is a position of trust with real legal duties. You do not have to accept the role, but once you start acting (“intermeddling”) it is hard to step back.
Your core duties
- Collect in and protect the estate's assets.
- Value the estate accurately and report inheritance tax to HMRC.
- Pay the deceased's debts, taxes and the funeral.
- Distribute what remains to the beneficiaries named in the will.
- Keep clear estate accounts and act in the beneficiaries' best interests, not your own.
Your first practical steps
Locate the original will, register the death and obtain certified copies, secure any empty property and notify the banks. Then begin the valuation — it underpins both the tax position and the probate application.
Managing your personal liability
Executors can be personally liable for losses caused by getting it wrong — for example distributing before debts or tax are settled. Protect yourself by placing statutory creditor notices, waiting out the six-month Inheritance Act window before final distribution, and keeping evidence of every decision.
Tom is named sole executor for his aunt. He accepts the role, gathers valuations, and discovers the estate may face an Inheritance Act claim from a cohabiting partner. Rather than distribute quickly, he waits until six months after the grant and takes advice — protecting himself from personal liability if the claim proceeds.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Human reviewYour answers are checked by the ClearLegacy editorial team for completeness.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- GOV.UK — Applying for probate (application fee £300; estates over £5,000)
- GOV.UK — Probate fees and additional copies (£16 per copy)
- HM Courts & Tribunals Service — probate timeliness statistics, 2025
- GOV.UK — Valuing the estate of someone who's died
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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