Being chosen as an executor shows someone trusts you. It also means taking on legal and financial duties, often while you are dealing with loss.
An executor handles the estate of someone who has passed away. This includes managing property, bank accounts, investments, debts, and taxes. You need to find out what is in the estate, pay any debts, and give what remains to the right people.
Our step-by-step guide explains the main parts of the probate process. Here, we answer common questions about what executors do, the risks they face, and how to handle problems.
What is an executor responsible for?
An executor must protect, value, and manage the estate until everything is given out as it should be.
Your tasks as an executor may include:
- finding the latest valid Will and any codicils
- identifying and securing property, money and possessions
- obtaining accurate valuations
- reporting the estate to HM Revenue and Customs when required
- calculating and paying any tax due
- applying for the Grant of Probate when it is needed
- collecting money owed to the estate
- paying funeral expenses, debts and administration costs
- preparing estate accounts
- distributing the remaining estate under the Will
- keeping clear records of decisions and payments
Your role starts before the Grant is issued and lasts until the estate is fully managed. GOV.UK calls this the administration period.
Can I refuse to act as an executor?
You might be able to step down if you have not begun handling the estate.
If you do not want to act as executor, you may be able to give up the role, provided you have not already started dealing with the estate. This is sometimes called “intermeddling”. If there is more than one executor, you may instead allow the others to apply while keeping the option to get involved later.
Once you have started managing the estate, your options may be limited. Signing papers, selling assets or handling money can all count as acting as executor. If you are unsure, get advice before taking any significant steps.
The GOV.UK probate guidance for executors explains the main options when an executor does not want to apply.
Can an executor be personally liable for mistakes?
Yes. An executor can become personally liable if they handle the estate incorrectly.
Examples may include:
- distributing money before debts and taxes have been settled
- paying the wrong beneficiary
- overlooking a valid claim against the estate
- selling an asset for significantly less than its reasonable value
- failing to protect estate property
- making an incorrect tax return
- using estate funds for an unauthorised purpose
Personal liability means you might have to pay for any losses yourself. Keeping good records and getting advice before distributing the estate can help lower this risk.
How should an executor deal with debts and unknown creditors?
You must pay any debts and taxes before giving out the rest of the estate to beneficiaries.
Begin by looking through the person’s papers, bank statements, and letters. Get in touch with lenders, utility companies, local councils, and other groups. Also check for unpaid taxes, benefit overpayments, and any debts linked to property or business.
You can also put a notice in The Gazette to let creditors know before the estate is given out. Using the right notice and waiting the required time can help protect you from being personally responsible for unknown debts.
GOV.UK warns that an executor who distributes an estate before settling its debts may have to pay an unpaid debt personally.
When is it safe to distribute an estate?
You should wait to distribute the estate until you know what assets, debts, taxes, and possible claims there are.
Getting the Grant of Probate does not always mean you can start distributing the estate. You may still need to sell property, sort out taxes, pay debts, or find missing information.
However, if cash gifts remain unpaid after the first anniversary of the death, interest may become due. This can reduce what is left for the residuary beneficiaries, particularly where avoidable delays have occurred.
You should also consider whether someone may bring a claim against the estate. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 normally need to be issued within six months of the Grant, although late claims can sometimes be allowed. If someone may have expected to inherit more, or family circumstances are complex, take legal advice before distributing.
Before making the final payments, it is sensible to:
- confirm that all assets have been collected
- settle or reserve enough money for debts and expenses
- finalise the tax position as far as possible
- check the beneficiaries’ identities and entitlement
- prepare estate accounts
- obtain approval or confirmation where appropriate
There is no one right date to distribute every estate. When you can pay out depends on the situation.
Can an executor make an interim payment to a beneficiary?
You might be able to make a partial payment if you keep enough money in the estate to cover any remaining debts or costs.
A beneficiary might ask for some of their inheritance before everything is finished. This is sometimes possible, but you should first check what still needs to be paid or could come up.
You may need to keep money aside for taxes, fees, property costs, creditor claims, and any changes between beneficiaries. If you pay out too much too soon, you could be personally responsible if the money cannot be recovered.
Get advice before making a partial payment if there are still tax, debt, valuation, or family issues to sort out. If the estate cannot meet its debts because too much has been distributed, the executor may have to make up the shortfall personally.
What happens if two executors disagree?
If there is more than one executor, try to sort out any disagreements before making decisions about the estate.
Arguments can happen about selling property, choosing a solicitor, valuing items, personal belongings, or when to pay out. Each executor should focus on what is best for the estate and follow the Will, not personal wishes.
A probate solicitor can explain what executors need to do, help decide on the next steps, and find a solution. Sometimes, mediation can help. If you still cannot agree, you may need to ask the court for guidance or to resolve the issue.
Do not ignore disagreements if there are estate assets, insurance, or tax deadlines that need attention.
What should I do if a beneficiary cannot be found?
You must make a real effort to find any missing beneficiary before giving out their share.
The searches you do will depend on what information you have and how much is at stake. You might check family records, contact relatives, place notices or use a tracing agent. Where a Will refers broadly to children or grandchildren and the family history is unclear, a genealogist may help establish the full family tree.
If you give a missing person’s share to others, you could face a claim later. In more complex cases, take advice about holding the money, paying it into court or taking out missing beneficiary insurance. Keep a clear record of every search and enquiry you make.
What happens if someone challenges the Will or probate application?
Stop before giving out the estate and get advice as soon as possible.
Disagreements may be about whether the Will is valid, which Will is the latest, who should apply for probate, or how the executor is handling their duties.
A person disputing who can apply for Grant of Probate, the existence of a Will or the Will’s validity may enter a caveat. A caveat stops a Grant from being issued for six months initially and can be extended. It is a formal step with important consequences, so it should not be used simply to put pressure on an executor.
The government explains the grounds and procedure in its guidance on challenging a probate application.
Different claims have different deadlines and rules. Getting advice early can help protect the estate and stop problems from getting worse or costing more.
Which probate solicitor can help an executor in Altrincham?
Hill and Company’s probate solicitors help executors and families from their office in Altrincham town centre.
Our team can give you as much support as you need. This could be advice on a single issue, help with the Grant application, checking work you have done yourself or managing the whole estate. We can help with estates that include property, Inheritance Tax, trusts, business assets, overseas assets, missing beneficiaries, and family disputes.
Hill and Company has supported local families for more than 170 years. Our team holds the Law Society’s Wills and Inheritance Quality Scheme accreditation and the firm is regulated by the Solicitors Regulation Authority. Home visits are available across Cheshire and South Manchester when attending our Market Street office is difficult.
Speak to our probate solicitors in Altrincham
You do not have to manage an unfamiliar or difficult estate alone. Early advice can clarify your responsibilities, reduce the risk of personal liability and help the administration move forward.
Read more about our probate and estate administration services or contact us to arrange an initial conversation.
