What does an executor 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. Without a will, the same job is done by an administrator chosen under the intestacy rules.
- Find the original will and keep the estate safe.
- Value the estate: everything owned and owed at the date of death.
- Deal with inheritance tax and apply for a grant of probate if one is needed.
- Collect the assets, and pay funeral costs, debts and taxes.
- Distribute the estate as the will says, and prepare final accounts.
The executor checklist breaks this into tasks. If you have just been named, read the first steps for a new executor before taking on estate administration.
Who should you choose as your executor?
Choose someone you trust, who is organised and willing, and who is likely to be able to act when the time comes. Many people choose a spouse or partner, an adult child, a sibling or a close friend. Ask them first, talk about what the role involves, and tell them where the signed original will is kept, as GOV.UK recommends. The executor conversation worksheet helps you plan that conversation.
How many executors should you name?
Naming two or more means someone can still act if one cannot. The court will not grant probate to more than four people for the same part of an estate (Senior Courts Act 1981, s.114), and GOV.UK says up to four executors can be named on the application. In a SwiftWill document, all the executors you enter are appointed together, with a clause that the others act alone if any of them cannot or will not act. It does not appoint a separate reserve executor who steps in only if the first choice cannot act; if you need that, use a service that drafts it expressly.
What happens if an executor cannot or will not act?
Nobody can be made to act as executor. An executor can give up the role permanently with form PA15 (renunciation), or, if there are other executors, keep the right to apply later by holding “power reserved”. If an executor has died or lacks capacity, a named substitute or the other executors can apply. If none can, another entitled person, usually a beneficiary, applies for letters of administration with the will annexed.
Can an executor also be a beneficiary or a witness?
An executor can be a beneficiary, which is very common. A beneficiary, or their husband, wife or civil partner, must not witness the will, because the gift to them fails under section 15 of the Wills Act 1837. See can an executor be a beneficiary? and who can witness a will.
Do you need a professional executor?
Not usually for a straightforward estate. A professional executor can charge for their services only where the will contains a charging clause or the law allows it (Trustee Act 2000, ss.28 to 29), and those charges come out of the estate. A lay executor cannot charge for their time but can be repaid expenses properly incurred (s.31), and can pay a solicitor for specific tasks. Before agreeing to a professional appointment, ask how they charge. SwiftWill never names itself as executor and does not sell executor or probate services.
Sources
- GOV.UK: Dealing with the estate of someone who has died
- GOV.UK: Applying for probate if there is a will
- GOV.UK: Writing your will
- Senior Courts Act 1981, section 114
- Trustee Act 2000, sections 28, 29 and 31
- Wills Act 1837, section 15
Sources checked 24 September 2026.