Executor of a will
Last checked September 2026 by Naomi Jackson
Short answer
An executor is the person named in a will to carry out its instructions: gather and value everything the person owned, pay the debts and tax, apply for probate if it is needed, and pass what is left to the beneficiaries. It is a legal duty with personal liability, it usually takes six to twelve months, and you can refuse it before you start.
- Named by
- The will itself
- How many
- Up to four can apply for probate together
- Typical duration
- Six to twelve months
- Paid?
- Expenses yes, time only if the will allows it
- Can you refuse?
- Yes, by renouncing, before you start acting
Being named an executor is not an honour or a formality. It is a legal role with real duties and real personal liability.
What does an executor of a will actually do?
In order, roughly.
- Find the original will and check it is the latest one
- Register the death and arrange, or help arrange, the funeral
- Tell the banks, pensions, insurers and everyone else who holds an account
- List and value everything owned and owed at the date of death, including the property
- Work out whether inheritance tax is due and report to HMRC where required
- Apply for probate if a grant is needed
- Collect the money in, sell or transfer the property, pay the debts and the tax
- Prepare estate accounts and distribute what is left to the beneficiaries
What an executor is liable for
This is the part people do not expect. An executor is personally liable for getting it right: for paying debts in the correct order, for reporting accurately to HMRC, and for distributing to the right people. If you pay the beneficiaries and a creditor then appears, you can be pursued personally. Placing statutory notices in the Gazette and a local paper protects you against unknown creditors, and is worth the cost on any estate where you are not certain what is owed.
Can an executor be a beneficiary?
Yes, and it is very common: most wills name the spouse or an adult child, who also inherits. It creates no conflict in itself. What an executor cannot do is favour themselves over other beneficiaries, sell estate assets to themselves at an under-value, or delay the estate for their own benefit.
Can an executor be paid?
A family executor can reclaim reasonable expenses from the estate, including travel, postage, the probate fee and valuation costs, but cannot charge for their time unless the will contains a charging clause. Professional executors such as solicitors and banks do charge, usually a percentage of the estate or an hourly rate, and that fee comes out of what the beneficiaries receive.
What if you do not want to do it?
You have three options, and the first two must be taken before you start dealing with the estate. You can renounce, formally giving up the role, and the next executor or a beneficiary takes over. You can have power reserved, standing back while a co-executor acts, and step in later if needed. Or you can appoint a solicitor to do the work under a power of attorney while you remain the executor. Once you have started acting, you cannot simply walk away.
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Frequently asked questions
What does an executor of a will do?
Carries out the will: gathers and values the estate, pays debts and tax, applies for probate where needed, and distributes what is left to the beneficiaries. It typically takes six to twelve months.
Can an executor of a will also be a beneficiary?
Yes, and most are. A spouse or adult child is commonly both. They must still treat all beneficiaries fairly and cannot favour their own share.
Does an executor get paid?
Reasonable expenses can be reclaimed from the estate. Payment for time is only allowed where the will includes a charging clause, which is usual for professional executors and unusual for family ones.
Can you refuse to be an executor?
Yes. You can renounce the role formally, or have power reserved so a co-executor acts instead. Both must be done before you start dealing with the estate.
How many executors can there be?
A will can name any number, but no more than four can apply for a grant of probate together. The others can have power reserved and step in if needed.
Check if probate is needed
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