What is an Executor and what is their role?

An executor deals with the legal administration of distributing your estate. The executor’s role is to process all the information necessary to complete the probate process and to see it through to completion. This includes ensuring any outstanding debts on the estate are paid in full and the residue of the estate is paid out in accordance with the will.

There is technically no limit to the financial responsibility that executor could face if they fail to discharge their duties correctly. If the executor failed to pay off any of the deceased person’s outstanding debts, payments or claims for example, this would come to light after the probate process had been completed. The debt would then have to be paid by the executor rather than coming out of the estate.

When choosing a person for the role of executor, pick someone you trust who also has good administration skills, a basic understanding of finances and an eye for detail. Being an executor is time-consuming and comes with legal responsibilities. When paying inheritance tax (IHT) we would advise that you have a professional executor in reserve just in case your chosen executor can’t handle the responsibilities. It is also important to ask the person who you wish to be your executor whether they are willing to do so. You should have an open and honest conversation about the responsibility they would be taking on before allocating them the role. Remember, you can allocate more than one person to be an executor – for instance, a couple, but we do recommend that you always have a professional executor on standby. We work closely with an established firm of solicitors who offer a probate service.   

The role of executor is complicated, detailed and time-consuming. It comes with not only substantial responsibility but also some associated risk — carrying out this role can be onerous, especially during a time of grief. If you are unsure about any element of the estate administration process or your responsibilities as an executor, you can instruct a probate solicitor to take on the responsibility of administering the estate on behalf of the executor.