Executor Duties in England — What You're Responsible For and When

Being named as executor in a Will gives you legal responsibility to carry out the deceased's final wishes and settle their estate. It is an unpaid role that can take twelve to eighteen months and involves legal, financial, and logistical tasks — including personal liability for mistakes made along the way.

This guide explains what an executor in England is, what they are legally required to do, and in what order.

What Is an Executor?

An executor (formally, a Personal Representative when no Will exists) is the person or persons named in a Will to administer a deceased person's estate. Their legal authority formally begins when HMCTS issues the Grant of Probate, though certain tasks must be completed before that grant is even applied for.

An executor's duties are owed to the estate and its beneficiaries, not to any one beneficiary or to themselves if they are also a beneficiary. Acting in self-interest or distributing assets prematurely can expose the executor to personal financial liability.

A Will may name multiple executors. They can act together or, in some cases, one can apply for probate while others have "power reserved" — meaning they retain the right to step in later without currently acting.

Phase 1: The First Week

Locate the original Will and secure it. Do not remove staples, unpin pages, or attach paperclips — any damage creates probate delays through a required Affidavit of Plight and Condition.

Register the death. After the Medical Examiner approves and transmits the Medical Certificate of Cause of Death (MCCD), the informant has five days to register at the local Register Office. Buy at least eight to twelve certified copies of the death certificate at registration.

Secure the estate's physical assets. Lock the deceased's property, arrange appropriate insurance (most home insurance policies require notification if a property will be empty for more than 30 days), and remove high-value portable items such as jewellery and cash for safekeeping.

Notify agencies. Use Tell Us Once for government departments and the Death Notification Service for banks. Contact utility companies, pension providers, and insurance companies directly.

Phase 2: Weeks Two to Eight — Valuation and Tax Assessment

Compile a full asset and debt inventory. Every asset must be valued at the date of death — bank account balances, property (through a RICS surveyor or credible estate agent appraisal), investments, pension values, life insurance, vehicles, and personal property. Every liability must also be listed: mortgages, loans, credit card balances, utility arrears, HMRC liabilities.

Determine the estate's tax classification. Most straightforward estates in England are "excepted estates" — below the £325,000 nil-rate band (or £650,000 with a transferred nil-rate band from a previously deceased spouse, or £3 million if passing entirely to a spouse or charity). Excepted estates do not need separate HMRC inheritance tax forms; the values are declared within the HMCTS probate application.

For taxable estates: complete Form IHT400, pay any inheritance tax due (deadline: end of the sixth month after death), and wait the mandatory 20 working days for HMRC to issue a digital clearance code before applying for probate.

Phase 3: Months Two to Four — Applying for Probate

Submit the probate application. Online applications through the HMCTS portal (recommended) or on paper using Form PA1P (with a Will) or PA1A (intestacy). The current fee is £300 for estates over £5,000, rising to £526 on 13 July 2026.

Attend a formal oath or affirmation if required — HMCTS may require in-person attendance depending on the complexity of the estate, though most straightforward applications are fully digital.

Processing time: four to twelve weeks for clean online applications; sixteen to twenty-four weeks for paper.

Phase 4: After the Grant — Collecting and Distributing

Collect the assets. Present the Grant of Probate to each financial institution, the Land Registry for property matters, and any other relevant body. Each will release the assets into the estate account.

Open a dedicated executor's bank account. Keep estate funds separate from your personal finances. All transactions should flow through this account and be documented.

Advertise for creditors under Section 27 of the Trustee Act 1925 — publish a notice in The Gazette and in a local newspaper where the deceased's property was located. This starts a mandatory two-month window for unknown creditors to make claims. Distributing before this window closes leaves you personally liable for any creditor who emerges afterwards.

Pay all debts in the correct order. Funeral and administration costs first, then secured creditors (mortgages), then unsecured creditors (credit cards, utility bills). For insolvent estates, the statutory priority order is strict — paying out of sequence creates personal liability.

Prepare the final estate accounts. A document showing every asset collected, every liability paid, and every payment made to beneficiaries. All residuary beneficiaries must sign off on the accounts before the final distribution.

Distribute the estate. Only after tax is settled, the Section 27 window has closed, and all debts are paid. Distribute the residual estate to beneficiaries as directed by the Will.

Executor Checklist (Summary)

• [ ] Locate and secure the original Will (no staples removed)
• [ ] Register the death within 5 days of Medical Examiner notification
• [ ] Order 8–12 death certificates at registration
• [ ] Use Tell Us Once (government) and Death Notification Service (banks)
• [ ] Secure the property and assets
• [ ] Compile asset and debt inventory with date-of-death valuations
• [ ] Assess IHT — excepted estate or taxable?
• [ ] Submit IHT400 and wait 20 days (taxable estates only)
• [ ] Apply for Grant of Probate (before 13 July 2026 to save £226)
• [ ] Collect assets using the Grant
• [ ] Open executor's bank account
• [ ] Advertise Section 27 creditor notice in The Gazette
• [ ] Wait two months for creditor window to close
• [ ] Pay all estate debts in statutory priority order
• [ ] Prepare final estate accounts
• [ ] Obtain beneficiary sign-off
• [ ] Distribute residual estate

The England Estate Settlement Guide contains expanded versions of all these phases with form walkthroughs, decision trees, letter templates for financial institutions, and the inheritance tax threshold calculator. Get the guide

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