I have been named executor: what now?

I have been named as an executor: what now?

By SwiftWillUpdated 25 September 2026England and Wales

Quick answer

Being named as an executor is a request, not an obligation: you can decline, or step back while co-executors act. If you take it on, your job is to find the original will, value the estate, apply for probate if it is needed, pay debts and tax, and then distribute what is left as the will says. You do not have to do it all yourself, and properly incurred costs come from the estate.

What has an executor been asked to do?

An executor carries out the will. GOV.UK describes a personal representative as legally responsible for the estate from the date of death until everything has been passed on to the beneficiaries. That means keeping the estate safe, valuing it, dealing with tax and probate, paying debts and distributing what is left. Up to four executors can be named on the probate application. More detail: what is an executor?

Can you refuse to be an executor?

Yes. Nobody can be made to act. GOV.UK sets out two ways to step back:

Renounce with form PA15 to give up the right to apply permanently. A renunciation can only be withdrawn with the court's permission (Non-Contentious Probate Rules 1987, r.37).
Hold power reserved if there are other executors: they apply now, and you keep the right to apply later. Tell the applying executor in writing.

If you are the only executor, or the others have stepped back, you can instead appoint someone to apply for you with form PA11. If you have already started dealing with the estate, take advice before stepping back.

What are an executor's first steps?

Find the original will and any codicils. The probate application needs the original, not a photocopy.
Get death certificates at £12.50 each. A relative usually registers the death; see how to register a death.
Secure the estate: the home, vehicles, valuables and documents, keeping insurance in place.
List what the person owned and owed at the date of death. The executor checklist gives the order.

The funeral may already have been arranged by the family. Check the will and any funeral plan for wishes as early as you can. If it has not been arranged, read FuneralFinder's guide to funeral costs in the UK before agreeing a price, as the bill may be paid from the estate.

Does an executor always need probate?

No. You need a grant when an organisation will not release or transfer an asset without one. Property in the person's sole name almost always needs it; jointly owned assets pass to the survivor; for money in the person's name, each bank decides. Use the probate checker, then see the probate guide. The fee is £526 for estates over £5,000, from 13 July 2026, and GOV.UK says grants usually arrive within 12 weeks.

What are you personally responsible for?

You are responsible for paying the estate's debts and taxes before the beneficiaries. GOV.UK says you may have to pay a debt yourself if you distribute before the creditor notice period ends and the estate cannot then pay. To protect yourself:

place a notice in The Gazette giving creditors two months to claim, and wait;
keep estate money in a separate account and record every payment;
check the inheritance tax position: tax is due by the end of the sixth month after the death;
take advice if the debts may exceed the estate: what happens to debt when you die.

The law does not require you to distribute before one year from the death (Administration of Estates Act 1925, s.44), so you do not need to be rushed.

When should an executor get professional help?

GOV.UK suggests considering help if the estate has a lot of assets or includes trusts. Advice is also sensible if the estate may not pay its debts, includes a business or property abroad, owes inheritance tax, or someone disputes the will. You can hand over specific tasks, such as the IHT400 account or a property sale, and do the rest yourself. Properly incurred costs are paid from the estate (Trustee Act 2000, s.31).

If you have been through this and your own affairs are not written down, you can make a will with SwiftWill for £35 when you are ready.

Sources

Sources checked 24 September 2026.

Frequently asked questions

Do I have to accept being an executor?

No. You can give up the role permanently with form PA15, which is called renunciation. If there are other executors, you can instead hold power reserved, which lets them apply now and keeps your right to apply later. If you have already started dealing with the estate, take advice first.

Is registering the death my job as executor?

Usually a relative registers the death. A personal representative is one of the people the law allows to give the information if no relative does. Either way, you will need death certificates, at £12.50 each, for banks and other organisations.

Do I always need probate?

No. It depends on the assets. Property in the person's sole name almost always needs a grant, jointly owned assets pass to the survivor, and each bank decides what it needs for money in the person's name. The application fee is £526 for estates over £5,000.

Can I be personally liable as an executor?

Yes. If you share out the estate without keeping enough to pay its debts and tax, you may have to pay them yourself. Place a notice in The Gazette, wait two months for creditors to claim, and keep clear accounts.

Can I pay a professional to help?

Yes. You can instruct a solicitor or probate practitioner for some or all of the work, and properly incurred costs are paid from the estate. Ask for a written estimate first.

How many executors can act together?

Up to four executors can be named on the probate application. If several of you are named, you must agree who applies, and anyone not applying can hold power reserved or give up the role.