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Executor

Also known as: Personal Representative, Executrix (female, archaic)

Definition

An executor is the person you name in your will to manage your estate after you die, ensuring your debts are paid and your belongings go to the right people.

Choosing the right executor is one of the most important decisions in will-making, as they'll handle everything from applying for probate to distributing your assets.

What Does Executor Mean?

Under the Administration of Estates Act 1925, executors have legal responsibility for managing a deceased person's estate from death until final distribution. The executor is a type of personal representative who derives their authority from the will itself, confirmed by a Grant of Probate from the Probate Registry. Without probate, banks and other institutions won't release assets—even to close family members. This differs from an administrator, who is appointed by the court when someone dies without a valid will.

Executors must first register the death and secure the deceased's property and valuable items. They then identify and value all assets, including property, bank accounts, investments, and personal possessions. Sarah's executor discovered she had three different bank accounts, premium bonds worth £8,000, and a small pension pot of £15,000—each required separate valuations and paperwork before applying for probate. After obtaining the Grant of Probate, executors pay all outstanding debts and calculate any Inheritance Tax due. Only then can they distribute the remaining estate to beneficiaries according to the will's instructions.

The role typically takes 9-12 months for straightforward estates but can extend to 18-24 months for complex situations. Most people appoint two executors: one who knows them personally and a backup in case the first can't serve. You can appoint up to four executors to act jointly, though all must agree on major decisions. Emma appointed her sister and brother as joint executors for her £340,000 estate, ensuring both could share the workload and provide checks and balances on important decisions.

Executors can also be beneficiaries—this is extremely common and completely legal. Many people name their spouse as both executor and main beneficiary. There's no legal conflict between the two roles, though executor-beneficiaries should keep meticulous records to demonstrate they're acting fairly toward all beneficiaries. Critically, executors can be held personally liable for mistakes such as distributing assets before paying all debts, failing to identify creditors, or miscalculating tax payments. If you're unsure about your duties or handling a complex estate, seek professional legal advice.

Common Questions

"Can an executor also be a beneficiary in the will?"

Yes, absolutely. It's very common and legally acceptable for executors to also inherit from the will. Many people name their spouse as both executor and main beneficiary. The executor role focuses on administration, while being a beneficiary simply means receiving a gift—there's no legal conflict between the two.

"How long does an executor have to settle an estate in the UK?"

Executors have what's called the "executor's year"—a reasonable period of 12 months to administer the estate. Most straightforward estates take 9-12 months, but complex estates involving business assets, property sales, or overseas holdings can take 18-24 months or longer.

"Do executors get paid for their work in the UK?"

Executors are not automatically entitled to payment unless the will specifically provides for it or all beneficiaries agree to compensation. Professional executors (solicitors or trust companies) typically charge fees set out in advance, but family members usually serve without payment.

Common Misconceptions

Myth: The oldest child automatically becomes the executor when a parent dies.

Reality: You can choose anyone you trust as executor—a family member, friend, or professional. There's no requirement to choose your oldest child or any particular relative. The executor is specifically named in your will based on your choice.

Myth: Executors can distribute the estate however they want.

Reality: Executors must follow the will's instructions exactly and have a legal duty to act in the beneficiaries' best interests. They can be held personally liable for mistakes or deviating from the will. Executors who distribute assets incorrectly can be sued by beneficiaries and may need to pay compensation from their own pocket.

Understanding executors connects to these related concepts:

  • Grant of Probate: The legal document executors must obtain to access the deceased's assets and confirm their authority to act.
  • Administrator: The person appointed by the court to manage an estate when there's no valid will or no executor named.
  • Estate Administration: The complete process that executors oversee, from death to final distribution of assets.
  • Renunciation: The formal process by which a named executor can decline the role if they're unable or unwilling to serve.
  • Choosing the Right Executor for Your Will: Detailed guidance on selecting executors based on their capabilities, relationship to you, and your estate's complexity.
  • The Complete Guide to Probate in England and Wales: Comprehensive overview of the probate process that executors must navigate from death to distribution.
  • What Does an Executor Actually Do?: Step-by-step breakdown of the practical tasks executors perform when administering an estate.
  • Common Executor Mistakes and How to Avoid Them: Essential guidance on executor liability and how to protect yourself from costly errors.
  • Professional vs Family Executors: Which Is Right for You?: Comparison of executor options to help you decide between appointing family members or professional executors.

Need Help with Your Will?

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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.