Being named as an executor in a will is both an honour and a serious legal responsibility. Executors play a vital role in administering a deceased person’s estate, ensuring that their wishes are carried out and that the estate is distributed correctly under UK law.

At Fonseca Law, our experienced probate solicitors in Ebbw Vale, South Wales, have helped countless clients navigate the complexities of estate administration. Below, we’ll help you understand everything you need to know about executor duties, how to handle the process, and when you may need professional support.

What is an executor of a will?

An executor is the person (or people) named in a will who is legally responsible for managing the deceased’s estate. Their role involves collecting assets, paying debts and taxes, and distributing the estate to the beneficiaries as outlined in the will.

If you have been named an executor, you are under a legal duty to act with honesty, diligence, and in the best interests of the estate and beneficiaries.

Key duties of an executor in the UK

Executor duties under current UK law are extensive and can be complex depending on the size and nature of the estate.

They include:

1. Locating the will and registering the death

The first step is locating the original will (if you do not already have it) and registering the death with the local register office, typically within five days.

You will also need to order multiple copies of the death certificate, which will be required by banks, insurance companies, and other institutions.

2. Valuing the estate

Executors must prepare a full valuation of the deceased’s estate, including:

• Property
• Bank accounts and savings
• Investments and shares
• Pensions
• Personal belongings
• Debts and liabilities

An accurate valuation is critical for calculating inheritance tax (IHT) obligations.

3. Applying for probate

If probate is required, you must apply for a Grant of Probate - the legal document that authorises you to administer the estate.

If there is no will, you would instead apply for Letters of Administration.

The probate application can be made online or via post, but it must be accompanied by the relevant inheritance tax forms and payment where necessary.

4. Paying inheritance tax (if applicable)

Inheritance tax may be payable if the estate exceeds the nil-rate band (currently £325,000 as of 2025, with possible allowances for residences and spouses).

The executor is responsible for ensuring that:

• IHT forms are completed accurately
• Tax is paid on time to HM Revenue & Customs (HMRC)
• An account of all estate assets and liabilities is maintained

Late or incorrect payment can result in personal liability for the executor.

5. Collecting assets and settling debts

Once probate is granted, you must:

• Close bank accounts and collect funds
• Sell or transfer ownership of property and investments
• Pay outstanding debts, including utility bills, loans, and taxes
• Ensure that all creditors are identified and paid in full before distributing the estate

It is wise to place a Section 27 notice in the local newspaper to protect yourself against unknown creditors making claims later.

6. Distributing the estate

After settling debts, the remaining assets are distributed to beneficiaries according to the terms of the will.

Executors must:

• Prepare estate accounts detailing all transactions
• Obtain receipts from beneficiaries upon distribution
• Deal fairly and impartially with all parties

Where minor children or vulnerable adults are involved, additional considerations apply regarding trusts and guardianships.

Read: Top 5 reasons you need a will and probate solicitor

Additional responsibilities you may face as an executor

Managing trusts

Some wills create trusts, either temporarily (until a beneficiary reaches a certain age) or permanently (such as life interest trusts). Executors may also be appointed as trustees, requiring long-term management of assets.

Handling foreign assets

If the deceased owned property or investments abroad, the executor may need to engage legal specialists in the relevant countries and obtain foreign probate documentation.

Dealing with disputes

Executors may find themselves involved in disputes, such as claims against the estate (for example, under the Inheritance (Provision for Family and Dependants) Act 1975). In such cases, legal advice is essential.

Can you refuse to act as an executor?

Yes. If you have been named an executor but do not wish to act, you have options:

• Renounce your role before doing anything that could be considered "intermeddling" in the estate
• Reserve your power (allowing other executors to act)
• Appoint a solicitor or professional executor to take on your responsibilities

Our team at Fonseca Law can help if you wish to step aside or need to appoint an experienced professional.

Can you get help with your executor duties?

Absolutely. Many executors choose to instruct a probate solicitor to handle the process on their behalf, particularly where:

• The estate is complex
• There is potential for disputes
• The estate includes property, businesses, or foreign assets
• There are inheritance tax issues

Professional assistance ensures full compliance with legal obligations and helps avoid personal liability risks.

At Fonseca Law, we can take the burden off your shoulders by managing the full probate process efficiently and sensitively.

What happens if there is no will?

When someone dies intestate (without a valid will), the estate is distributed according to the rules of intestacy.

In such cases:

• The closest relatives are entitled to apply for Letters of Administration
• The estate is divided according to a strict legal hierarchy

Executors (or administrators, in this case) must still carry out similar duties in collecting assets, paying debts, and distributing the estate lawfully.

Costs involved in probate and estate administration

The typical costs include:

• Court fees for probate application
• Solicitor’s legal fees for advice and administration
• Valuation fees for property, jewellery, or businesses
• Inheritance tax payments, where applicable

Our team of expert probate solicitors can offer you clear, competitive pricing structures to suit your needs, with no hidden fees.

Read: Top tips for drafting a legally sound will in Wales

Why choose our probate solicitors in Ebbw Vale?

At Fonseca Law, we offer:

• Expert knowledge of probate law and estate administration across Wales and England
• Compassionate and practical guidance during a difficult time
• Efficient management of all legal and financial aspects
• Transparent and competitive service fees
• Tailored solutions whether the estate is simple or complex

We are proud to offer trusted support to local families across Ebbw Vale and beyond.

Contact our probate and wills solicitors today

If you’ve been named as an executor and are unsure where to start, contact our friendly, professional team today. We are here to guide you through every step, ensuring that you fulfil your legal duties confidently and correctly.