What Is an Executor and How to Choose One

Emma chose her older brother as executor without a second thought—he was the obvious choice as the eldest sibling. When she died unexpectedly at 42, he discovered the reality: chasing banks for account details, dealing with HMRC about £18,000 in inheritance tax, managing property valuations while working full-time, all while grieving his sister.

After 14 months of stress and several costly mistakes, he finally distributed her £340,000 estate. "I love my sister and wanted to help," he later said, "but I wish she'd understood what she was asking me to do."

Half of UK adults don't have a will, partly because decisions like executor selection feel overwhelming. Yet choosing the right executor is one of the most important decisions you'll make when creating your will.

This guide explains exactly what an executor is, what they do, who can (and should) be one, and how to choose the right person for your circumstances.

What Is an Executor?

An executor is the person you name in your will to carry out your wishes and administer your estate after you die. They're legally responsible for everything you own—your money, property, and possessions—from the date of your death until distribution is complete.

The term "executor" applies regardless of gender. While "executrix" exists as a Latin feminine form, it's rarely used in modern legal practice.

Executors derive their authority from the will itself, confirmed by a Grant of Probate from the court. This is different from an "administrator," who's appointed by the court when someone dies without a will under intestacy rules.

This isn't an honorary title. Being named an executor is a genuine legal and practical responsibility that requires significant time, effort, and careful attention to legal requirements. Your executor essentially "becomes you" for legal purposes after your death, with the authority to access your accounts, sell your property, and distribute your assets.

If someone named as executor doesn't want to serve, they can formally refuse the role using Form PA15 (deed of renunciation) before they begin any work. Once they've started acting as executor, they can't easily step down.

What Does an Executor Actually Do?

The average estate takes 9-12 months to administer, requiring approximately 80-120 hours of work. Here's what your executor will handle:

Immediate Actions (First Weeks):

Your executor's responsibilities begin immediately after death:

Locate the will (often not as straightforward as it sounds)
Register the death and obtain multiple death certificates
Secure property and assets (arrange insurance, change locks if needed, secure valuables)
Arrange the funeral (typically before the will is formally read)

Legal and Financial Work (Months 1-6):

The most intensive period involves:

Value the entire estate (property, bank accounts, investments, possessions, vehicles)
Apply for Grant of Probate (gives legal authority to act)
Identify and notify all beneficiaries named in the will
Calculate and pay inheritance tax (must be paid within 6 months of death or HMRC charges interest)
Settle all outstanding debts, bills, and taxes
Close or manage financial accounts
Deal with HMRC, banks, solicitors, and other institutions

Distribution Phase (Months 6-12+):

The final stage involves:

Sell or transfer property if the will requires it
Distribute specific gifts (jewellery, vehicles, personal items)
Distribute cash and assets according to will instructions
Prepare detailed estate accounts for beneficiaries
Obtain signed receipts from beneficiaries

For a typical £340,000 estate including a house, two bank accounts, a car, and personal possessions distributed among three beneficiaries, an executor will spend approximately 80-120 hours over 10-14 months completing all necessary tasks.

The average probate processing time was 9 weeks as of August 2024, down from 15.5 weeks the previous year. Online applications can be processed in as little as two weeks, while paper applications take around 15 weeks. But getting the Grant of Probate is just one step—the entire administration process typically takes 9-12 months.

Legal Responsibilities and Personal Liability

Executors are trustees of the estate and must act in the best interests of beneficiaries. This is called a "fiduciary duty" under the Administration of Estates Act 1925 and Trustee Act 2000.

Here's what this means in practice:

Executors cannot:

Change the will (even if changes seem "reasonable" or "fair")
Benefit personally beyond what the will specifies (unless all beneficiaries agree in writing)
Charge fees (unless the will explicitly allows or they're a professional executor)
Delegate their duties entirely (can hire help but remain responsible)
Ignore beneficiary requests for information

Executors must:

Follow the will's instructions exactly
Act impartially between beneficiaries
Keep detailed records of all transactions
Act with reasonable care and skill
Seek professional advice when needed

The serious part: personal liability.

If an executor makes a mistake, they can be held personally financially responsible, even if the error was genuine. This liability extends for up to 12 years after the death.

Common scenarios that create personal liability:

Distributing the estate before paying HMRC (executor liable for unpaid tax)
Miscalculating inheritance tax (executor pays penalties and interest)
Losing or mismanaging estate assets
Distributing to wrong beneficiaries
Missing creditors or outstanding debts

An executor can protect themselves by keeping meticulous records, seeking professional advice for complex decisions, and obtaining clearance from HMRC before making final distributions.

What executors CAN do:

Claim reasonable expenses (postage, travel, document fees) paid from the estate
Hire professionals like solicitors, accountants, or valuers (paid from estate)
Take reasonable time to complete the work properly
Request professional help when the estate is complex

The law recognizes that estate administration is demanding work. Executors who act carefully, keep good records, and seek professional guidance when needed are well-protected.

Who Can Be an Executor?

The legal requirements to be an executor are straightforward, according to GOV.UK guidance:

Legal eligibility:

Must be 18 or older
Must have mental capacity
Must not be bankrupt (technically eligible but practically problematic)
Can be a beneficiary (very common and perfectly legal)
Can be a UK resident or overseas (though overseas adds significant complications)

Common executor choices:

Most people choose:

Spouse or civil partner (the most common first choice)
Adult children
Siblings or other close relatives
Trusted friends
Professional executors (solicitors, banks, specialist firms)
A combination of family and professional

How many executors?

Minimum: 1 executor required
Maximum: 4 can apply for probate simultaneously (though you can name more in your will)
Recommended: 2-3 executors
Best practice: An odd number (3) prevents deadlock on decisions
Wise planning: Name substitute executors in case your first choices cannot act

Common myths about executors:

MYTH: "Executors must be family members" → FALSE: Can be anyone you trust
MYTH: "I can't name a beneficiary as executor" → FALSE: Very common and perfectly legal
MYTH: "Executors automatically get paid" → PARTIALLY TRUE: Lay executors claim expenses only; professionals charge fees if the will allows
MYTH: "Executor appointments last forever" → FALSE: Executors can renounce before they've started work

The key is choosing someone who has the capability and willingness to serve, not just the family relationship.

How to Choose the Right Executor

Choose based on capability, not obligation. Here are the essential qualities to consider:

1. Trustworthiness (Non-Negotiable)

Will they follow your wishes exactly? Do they have integrity to act impartially? Can they handle financial responsibility without temptation?

2. Organizational Capability

Are they comfortable with paperwork and administration? Can they track multiple deadlines and requirements? Are they able to keep detailed records? Do they have basic technology literacy for online probate applications?

3. Financial Literacy

Do they understand basic finances? Are they capable of managing accounts and valuations? Would they be comfortable dealing with HMRC, banks, and solicitors?

They can hire accountants, but basic understanding helps immensely.

4. Availability and Time

Can they dedicate 80-120+ hours over 12 months? Are they available during weekday business hours when banks and solicitors operate? Will their own circumstances allow them to take this on?

5. Emotional Resilience

Can they handle this responsibility while grieving? Are they able to deal with potential family disputes calmly? Are they strong enough to make difficult decisions?

6. Age and Health

Are they likely to outlive you? Are they in good enough health to handle the demands? Are they old enough to have the life experience for complex decisions, but young enough to serve when needed?

Executors under 30 may struggle with complex estates, while executors close to your own age may not be able to serve when the time comes.

7. Location

Proximity helps significantly. Property visits, document signing, and face-to-face meetings are often necessary. Overseas executors face complications with time zones, travel costs, and legal jurisdiction. Always include a UK-based executor or co-executor if naming someone abroad.

8. Relationship to Beneficiaries

Can they remain impartial? Will beneficiaries trust them? Could their appointment create family tension?

Decision Framework:

Score your potential executor on each criterion (1-5):

Trustworthiness: __
Organizational skills: __
Financial literacy: __
Availability: __
Emotional resilience: __
Age/health appropriate: __
Location practical: __
Beneficiary relationships: __

Total score under 25: Reconsider this choice

Score 25-32: Acceptable with professional support

Score 33+: Strong executor candidate

This framework removes emotion and obligation from the decision, focusing on practical capability.

Family vs Professional Executors

Should you choose someone you know personally or hire a professional? Here's the honest comparison:

Family/Friend Executors

Advantages:

No professional fees (saves thousands)
Know you and your wishes personally
Trusted by family members
Emotionally invested in doing right by you
For straightforward estates, professional expertise often isn't necessary

Disadvantages:

Handling demanding work while grieving
Significant time commitment (often underestimated)
Personally liable for mistakes
May lack expertise for complex estates
Can create family dynamics issues
May feel obligated when they'd rather decline

Best for: Straightforward estates under £500,000, no property sales needed, harmonious family relationships, beneficiaries willing to be patient.

Professional Executors (Solicitors, Banks, Specialist Firms)

Advantages:

Legal and financial expertise
No emotional burden on family
Lower risk of costly errors
Neutral party (helpful if family tensions exist)
Professional indemnity insurance protects the estate
Efficient handling of complex estates

Disadvantages:

Expensive: £3,000-£20,000+ for full estate administration
Typical fee structure: 1-5% of estate value plus VAT
Less personal connection to you and your family
May take longer due to busy caseloads
Firm continuity concerns (what if the firm closes?)

For a £500,000 estate, professional executor fees could range from £5,000 to £25,000. The average cost of probate in the UK is around £2,626, but this varies significantly by estate complexity.

Best for: Complex estates over £500,000, property sales required, family disputes likely, overseas assets, no suitable family available, business assets involved.

The Hybrid Approach:

Many people appoint a family member plus a professional as co-executors:

Family executor provides personal knowledge and oversight
Professional executor handles legal and financial complexity
Shares burden and liability
Costs less than professional-only (professional charges for their work, not whole estate management)

Cost Comparison:

Estate Value	DIY/Family Executor	Professional Executor	Hybrid Approach
£150,000	£500-£1,000	£3,000-£7,500	£1,500-£4,000
£350,000	£1,000-£2,000	£7,000-£17,500	£3,500-£9,000
£750,000	£1,500-£3,000	£15,000-£37,500	£7,500-£20,000

Professional executors can only charge fees if your will includes a "charging clause" or all beneficiaries agree. Make sure you understand exactly what you're agreeing to if you name a professional executor.

Common Executor Mistakes to Avoid

Don't set your executor up to fail. Here are the mistakes people make when choosing executors:

Mistake 1: Choosing Based on Obligation, Not Capability

Don't choose your eldest child just because they're eldest. Don't choose your spouse if they're not financially literate or organizationally capable. Don't feel obligated to choose family if they're not suitable.

Capability matters more than family hierarchy.

Mistake 2: Not Asking First

You're not legally required to ask someone before naming them as executor. But you absolutely should.

Some people don't want the responsibility. Better to know now than have them renounce later, potentially leaving your estate without anyone to administer it.

Mistake 3: Choosing Someone Too Similar to You in Age/Health

Your executor should ideally be younger and healthy. If you're 65 and appoint your 63-year-old spouse as sole executor, you risk them being unable to serve when needed.

Always name backup executors to avoid this scenario.

Mistake 4: Naming Only One Executor

Single points of failure are risky. If your one executor becomes ill, dies, or is unwilling to serve, your estate could face delays and complications.

Always name substitute executors who can step in if needed.

Mistake 5: Choosing Someone Overseas Without UK Co-Executor

International probate is exponentially more complex. Time zones, travel requirements, and legal jurisdiction create significant obstacles.

Always have a UK-based executor or co-executor if you name someone abroad.

Mistake 6: Not Telling Them Where Your Will Is

Your executor can't act if they can't find your will. Tell them the location—whether it's with a solicitor, in a safe at home, or stored with an online service like WUHLD.

Provide copies if appropriate, though the original will always be required for probate.

Mistake 7: Setting Up Conflict

Think carefully before:

Appointing an ex-spouse as executor when your new spouse is a beneficiary
Choosing one child when multiple children are beneficiaries
Naming feuding siblings as co-executors

David named his three adult children as joint executors to be "fair." Two lived locally and got along well; the third lived in Australia and had been estranged from the family for years.

When David died, the Australian son refused to engage, causing 18-month delays while solicitors navigated his non-cooperation. Legal costs exceeded £12,000.

David could have named just the two local children with the third as substitute executor if the others were unable to act. Fairness doesn't always mean equality.

What to Tell Your Executor

The best gift you can give your executor is information. Here's what they need to know:

Before You Die:

Have these conversations while you're healthy:

That you've named them and confirm they'll accept the role
Where your will is stored (physical location or online service)
Who your solicitor is (if you have one)
Where they can find important documents

Documents They'll Need:

Create a comprehensive information file including:

Birth and marriage certificates
Property deeds and mortgage information
Bank account details (institution, account numbers)
Insurance policies (life, property, vehicle)
Pension information and provider contacts
Investment accounts and portfolio details
Outstanding debts and creditor information
Digital asset passwords and accounts
Contact information for your solicitor, accountant, and financial advisor

Important Conversations:

Set realistic expectations:

Complexity: "The house will need selling, which adds 3-6 months"
Family dynamics: "Be aware your siblings may disagree about who gets the furniture"
Your wishes: "I trust your judgment on timing—don't rush"
Professional help: "Don't hesitate to hire a solicitor if things get complex. The estate pays for it."
Time expectations: "This will realistically take 12-18 months"

Funeral Wishes:

Share your funeral preferences separately from your will. Wills are often read after the funeral, so your executor needs this information immediately.

Support Resources:

Let them know professional help is available and will be paid from the estate. If you've researched probate solicitors you trust, provide their contact information. You might even consider pre-paying for a one-hour executor consultation to give them professional support when they need it.

According to Citizens Advice, executors can claim reasonable expenses from the estate. Make sure your executor knows they won't be out of pocket for postage, travel, or other legitimate costs.

Changing Your Executor

Executor choices aren't permanent. You can change them whenever your circumstances change.

When to change your executor:

Death of your original executor
Executor's health decline or loss of mental capacity
Relationship breakdown (divorce, estrangement)
Executor moves abroad
Executor tells you they're no longer willing
Your estate becomes more complex (may want to add professional executor)
Your estate becomes simpler (may not need professional executor)

How to change:

You have two options:

Create a new will with updated executor names (this completely replaces your previous will)
Create a codicil (a formal amendment to your existing will) if you're only changing the executor

Both must follow the same legal formalities as your original will—signed by you and witnessed by two independent witnesses who aren't beneficiaries.

Simply telling someone they're no longer your executor doesn't remove them legally. You must update your will document.

Regular review schedule:

Review your executor choice every 3-5 years or when major life changes occur:

Marriage or divorce
Birth of children
Significant wealth changes
Moving to a different country
Changes in your executor's circumstances (health, location, relationship)

With WUHLD, updating your executor choice takes just 15 minutes and costs £49.99—you don't have to start from scratch. Simply log in, update the executor section, and download your new will.

Make Your Choice with Confidence

Key takeaways:

Your executor carries out everything you've planned—it's one of your most important will decisions
Choose based on capability, not obligation: trustworthiness, organizational skills, financial literacy, availability, and emotional resilience matter most
You have options: family, friends, professionals, or a combination
For straightforward estates (under £500,000, no property sales, harmonious family), a capable family member is often ideal
For complex estates or potential disputes, a professional executor or hybrid approach is worth the cost
Always name backup executors and tell your primary executor where to find your will
Review your choice every 3-5 years—it's easy to update

Choosing an executor might feel like a heavy decision, and it is. But it's also an act of consideration.

You're carefully selecting someone you trust to honor your wishes and care for the people you love after you're gone. Whether you choose your spouse, your adult child, a trusted friend, or a professional, making this choice thoughtfully means less burden and confusion when it matters most.

The right executor isn't necessarily the person who loves you most. It's the person who can handle the responsibility with competence, integrity, and care.

Ready to name your executor and protect what matters most?

With WUHLD, you can create your legally valid UK will online in just 15 minutes. Choose your executors, name your beneficiaries, appoint guardians for children, and distribute your estate exactly as you wish—all for a one-time payment of £49.99.

Preview your complete will free before you pay (no credit card required), then download all four documents: your will, witness guide, testator guide, and estate information sheet.

Start your will today and give your executor—and your family—the clarity they deserve.

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Legal Disclaimer: This article provides general information about executors and executor selection in England and Wales, and does not constitute legal advice. For advice specific to your individual situation, particularly for complex estates, disputed wills, or situations involving overseas assets, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice.

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