How to be an executor information guide
Sorting out the wills and estates when someone dies may be the last thing on your mind, or it may be a welcome...
Whether someone's asked you to be the executor of their estate, or you’re looking to choose executors for your own will, the legal aspects of wills and estates can seem complicated. If you're not sure what to do, it's a good idea to seek specialist legal advice.
An executor is legally responsible for carrying out the instructions in the person's will and handling their estate. Someone's 'estate' is everything they own – including their money, property and possessions.
Anyone who makes a will must name at least 1 executor, and can appoint up to 4 executors so that the responsibility is shared. If there's more than 1 executor, all decisions must then be made jointly. Often, at least 2 executors are appointed, just in case one dies or is otherwise unable to carry out their duties.
You can act as an executor even if you're going to inherit something from the will. In fact, an executor is often a spouse, child or other family member.
Being an executor isn't easy. It can take up a lot of time and energy, and it might be the last thing someone feels like doing when they're grieving. So it's important that you think carefully about who you choose – explain what’s involved and make sure that they're willing to take on the responsibility of the role.
If someone's asked you to be an executor of their estate, think carefully before you agree to take on the responsibility because it's tricky to step down from the role. For example, if the person's died and you've already started to deal with the estate, you can't step down unless you have a good reason, such as ill health or a family emergency.
If you don’t have anyone that you feel would be suitable, or your family and friends don’t want to take on the role, you could appoint a professional executor, such as a solicitor or an accountant. This can be especially useful if your estate is particularly large or complicated. A professional executor will charge for their services and this will be paid for out of your estate.
The Law Society provides a directory of solicitors on their website.
If you’re the executor of the estate you’ll have a number of responsibilities, such as:
You can claim reasonable expenses from the estate for your work, such as funeral costs and grant of probate application fees. Solicitors can help you with your role as an executor, though you'll need to pay them for their time.
A grant of probate gives you the legal right to deal with someone’s estate. If you're the executor of someone's estate, you'll need to apply for probate – you can either apply by post or online.
You may not need a grant of probate for a smaller estate (usually less than £5,000). In this case, write to the deceased person's bank, building society or whoever's holding the money and ask whether they'll make a payment to you without receiving a grant of probate.
We offer support through our free advice line on 0800 678 1602. Lines are open 8am-7pm, 365 days a year. We also have specialist advisers at over 120 local Age UKs.
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