What is an Executor?

An executor (also called a personal representative) is the person or people you appoint in your will to carry out your wishes after you die. They'll manage your estate, deal with all the legal and financial matters, and ensure your beneficiaries receive their inheritance.

Choosing the right executor is one of the most important decisions you'll make in your will. The wrong choice can lead to delays, mistakes, family conflict, and stress for your beneficiaries.

What Do Executors Actually Do?

Being an executor is a significant responsibility. Here's what they'll need to handle:

Immediately After Death

  • Register your death
  • Arrange your funeral (following your wishes if specified)
  • Secure your property and valuables
  • Notify relevant organizations (banks, pension providers, HMRC, etc.)
  • Cancel subscriptions and services

Valuing the Estate

  • Locate all assets (property, bank accounts, investments, pensions, possessions)
  • Obtain valuations for property and significant items
  • Identify all debts and liabilities
  • Calculate the total estate value

Legal and Financial Administration

  • Apply for probate (legal authority to deal with the estate)
  • Complete tax returns and pay any Inheritance Tax due
  • Open an estate bank account
  • Collect in all assets (sell property if needed, close accounts, etc.)
  • Pay all outstanding debts, bills, and funeral costs

Distribution

  • Distribute specific gifts to named beneficiaries
  • Divide the residuary estate according to your will
  • Set up any trusts specified in the will
  • Keep accurate accounts of all transactions
  • Provide statements to beneficiaries

Timeline

A straightforward estate typically takes 6-12 months to administer. Complex estates can take several years.

Qualities of a Good Executor

The best executors have these qualities:

Trustworthiness

This is non-negotiable. Your executor will have access to all your money and assets. They must be completely honest and act in the best interests of your beneficiaries.

Organizational Skills

Estate administration involves extensive paperwork, deadlines, financial records, and correspondence. Your executor needs to be methodical and detail-oriented.

Financial Capability

They don't need to be accountants, but should be comfortable with:

  • Managing money
  • Understanding financial documents
  • Dealing with banks and institutions
  • Keeping accurate records

Communication Skills

Executors need to communicate with:

  • Beneficiaries (who may be grieving and anxious)
  • Solicitors, banks, and government agencies
  • Potentially difficult family members

Availability and Time

Being an executor is time-consuming, especially in the first few months. Your executor needs to have time available and be willing to commit to the role.

Emotional Resilience

They'll need to handle practical matters while potentially grieving themselves, and deal with family emotions and sometimes conflicts.

Willingness

Most important: they must actually want to do it. Always ask before naming someone as your executor.

Who Can You Choose as Executor?

You can choose almost anyone as your executor, with a few restrictions:

Legal Requirements

  • Must be 18 or over
  • Must have mental capacity
  • Cannot be bankrupt (they can be replaced if they become bankrupt later)

Common Choices

Spouse or Partner

Pros: Knows your affairs, motivated to do it properly, often the main beneficiary
Cons: Will be grieving, may feel overwhelmed, consider if they're capable

Adult Children

Pros: Family stake in doing it right, often financially capable
Cons: May disagree with siblings, mixing grief and administration can be hard

Siblings or Close Friends

Pros: May have more objectivity than spouse/children, mature and capable
Cons: Geographic distance possible, may not know all your affairs

Professional Executors

Pros: Experienced, impartial, will definitely do the job properly
Cons: Charge fees (typically 2-5% of estate value), less personal

Solicitors

Pros: Legal expertise, experienced in estate administration
Cons: Can be expensive, may not be necessary for straightforward estates

Can Beneficiaries Be Executors?

Yes, and this is very common. Your spouse or children can be both beneficiaries and executors. However, they must still act in all beneficiaries' interests, not just their own.

How Many Executors Should You Have?

The Law

You can appoint up to four executors in England and Wales. You can appoint more, but only four can apply for probate.

One Executor

Advantages:

  • Simpler – one person makes all decisions
  • Faster – no need to get agreement
  • Cheaper – fewer fees if using professionals

Disadvantages:

  • No backup if they're unable or unwilling
  • No checks and balances
  • Heavy burden on one person
  • If sole executor dies before getting probate, complications arise

Two or More Executors

Advantages:

  • Share the workload
  • Checks and balances (reduces fraud risk)
  • Different strengths (e.g., one good with money, one good with family)
  • Backup if one can't continue

Disadvantages:

  • Must agree on all decisions
  • Can slow things down
  • Potential for disagreement
  • Higher fees if using multiple professionals

The Sweet Spot

For most people, two or three executors is ideal:

  • One or two family members
  • Plus possibly one professional

This provides checks and balances without making decisions too complicated.

Backup (Substitute) Executors

Always appoint substitute executors in case your first choice can't or won't serve. Consider:

  • What if they die before you?
  • What if they're too ill?
  • What if they've moved abroad?
  • What if they simply don't want to do it when the time comes?

Name at least one backup executor who meets the same criteria as your primary choice.

You can structure this in two ways:

  1. Specific order: “John Smith, or if he is unable or unwilling, then Sarah Jones…â€
  2. Joint backups: “John Smith and Sarah Jones, or if either is unable or unwilling, then Michael Brown…â€

Professional vs Family Executors

When to Choose Professional Executors

Consider professional executors if:

  • Your estate is complex (multiple properties, businesses, overseas assets)
  • You expect family conflict
  • You have no suitable family members or friends
  • Your chosen family executor wants professional support
  • Tax planning is complex

When Family Executors Are Fine

Family or friends can handle:

  • Straightforward estates
  • Standard assets (house, savings, possessions)
  • Harmonious families
  • Clear, simple wills

They can always hire a solicitor for specific help if needed.

Hybrid Approach

Many people choose:

  • One family member (who knows the family and your wishes)
  • Plus one professional (who provides expertise and impartiality)

This combines personal knowledge with professional competence.

Having the Conversation

Before naming someone as your executor, you should ask them. Here's how:

What to Discuss

  • Explain what being an executor involves
  • Be honest about the time commitment (6-12+ months)
  • Discuss your estate size and complexity
  • Mention where important documents are kept
  • Ask if they're comfortable with the responsibility
  • Check they understand they can get professional help if needed
  • Confirm they're willing to serve

What to Provide

Once they've agreed:

  • Give them a copy of your will (or tell them where it's stored)
  • Provide a list of your assets and their locations
  • List your professional advisors (solicitor, accountant, financial advisor)
  • Share bank and account information (not passwords, just institutions)
  • Let them know about any unusual assets or situations

If They Decline

Don't take it personally. Being an executor is a big responsibility, and it's better to know now than have them decline when the time comes. Thank them for their honesty and ask someone else.

Common Mistakes to Avoid

1. Not Asking First

Never assume someone will agree to be your executor. Always ask.

2. Choosing Someone Too Old

If you're 60 and appoint your 80-year-old parent, they may not be able to serve when needed. Consider age and health.

3. Choosing Someone Abroad

While legal, having an executor who lives overseas makes everything much more complicated and expensive. They may need to travel to the UK multiple times.

4. Choosing Someone Who'll Cause Conflict

If appointing your new partner will upset your children (or vice versa), think carefully. Executors need to work harmoniously with beneficiaries.

5. Not Having Backup Executors

Many people forget to name substitutes. This can cause serious problems if the primary executor can't serve.

6. Choosing Beneficiaries Who Don't Get On

If you appoint two adult children who don't agree on anything, estate administration will be painful. Consider appointing one child plus a neutral party.

7. Making It Too Complicated

Appointing four executors who must all agree on everything can grind estate administration to a halt. Two or three is usually plenty.

8. Not Updating Your Choice

Review your executor choice every few years. People's circumstances change, relationships change, capabilities change. Your will should reflect current reality.

Executor Fees and Expenses

Expenses

All executors (family or professional) can claim reasonable expenses from the estate:

  • Travel costs
  • Postage
  • Phone calls
  • Copying documents
  • Professional advice (solicitors, accountants)

Executor Fees

Family/Friend Executors:

  • Traditionally serve without payment beyond expenses
  • It's seen as a final service to the deceased
  • You can specify payment in your will if you want

Professional Executors:

  • Charge professional fees (typically 2-5% of estate value)
  • Should be agreed in advance
  • Will be clearer about costs upfront

Can You Specify Fees in Your Will?

Yes, you can state in your will:

  • “My executors may charge reasonable feesâ€
  • A specific amount or percentage
  • That family executors serve without payment

If your will is silent on fees, professional executors can charge reasonable fees, but family executors typically cannot (unless all beneficiaries agree).

Making Your Decision

To choose your executor(s):

  1. List potential candidates – family, friends, professionals
  2. Consider their qualities – trustworthy, organized, capable, willing?
  3. Think about your estate – straightforward or complex?
  4. Consider relationships – will they work well with beneficiaries?
  5. Decide on number – one, two, or three?
  6. Have the conversation – ask them properly
  7. Choose backups – at least one substitute
  8. Document clearly in your will – full names and addresses
  9. Review regularly – every 3-5 years or after major life changes

WillsConnect Helps You Decide

When you create your will with WillsConnect, we guide you through:

  • Understanding what executors do
  • Deciding how many you need
  • Choosing the right people
  • Appointing backups
  • Documenting everything correctly

Start your will today and make sure the right people are in place to carry out your wishes.