What Does an Executor Do and How Do You Choose One

An executor is the person you appoint in your will to administer your estate after you die. They are responsible for collecting your assets, paying any debts and taxes, and distributing what remains to your beneficiaries. Choosing the right executor is one of the most important decisions you make when writing a will.

The executor's responsibilities

Being an executor involves a range of practical and legal tasks. While the specifics vary depending on the complexity of the estate, common duties include:

• Locating and securing the original will
• Registering the death and arranging the funeral if no one else has done so
• Applying for probate (the legal authority to deal with the estate)
• Identifying and valuing all assets including property, investments, and personal possessions
• Notifying banks, pension providers, and other relevant institutions
• Paying outstanding debts, bills, and any inheritance tax due
• Preparing estate accounts
• Distributing assets to beneficiaries according to the will
• Dealing with any claims or disputes that arise

Who can be an executor?

Almost any adult of sound mind can be an executor. Common choices include:

• A spouse or partner
• Adult children or other family members
• Trusted friends
• Professional advisers such as solicitors or accountants
• Specialist executor services

An executor can also be a beneficiary of the will. In fact, this is very common. Many people appoint their spouse as both sole beneficiary and executor.

Acting alone or jointly

You can appoint a single executor or multiple executors to act together. There are advantages and disadvantages to each approach.

A single executor means one person has full authority to make decisions without needing to consult others. This can speed up the process but puts all responsibility on one person.

Joint executors share the workload and provide checks on each other's decisions. However, they must generally agree on actions, which can slow things down if they disagree or have difficulty coordinating.

Many families across Kent, including in Tonbridge and Sevenoaks, choose to appoint two executors: often a spouse and an adult child, or two siblings.

Reserve executors

It is sensible to name reserve executors who can step in if your first choices are unable or unwilling to act. Executors may predecease you, develop health problems, or simply decide they do not want the responsibility when the time comes.

Without reserves, the remaining executors must carry on alone or, if no one is available, the court may need to appoint an administrator.

Questions to ask when choosing an executor

Before naming someone as executor, consider:

• Are they willing? It is best to ask before naming someone in your will
• Are they capable? The role requires organisation and attention to detail
• Are they likely to outlive you? Consider their age and health
• Where do they live? Executors based abroad may find practical administration difficult
• Will they get along with beneficiaries? Family tensions can complicate administration
• Do they have time? Administering an estate can take months or even years
• Would a professional help? Complex estates may benefit from professional involvement

Can an executor charge for their work?

Lay executors (family members or friends) are entitled to recover their out-of-pocket expenses but do not normally charge for their time. Professional executors typically charge fees for their services, which are paid from the estate.

If you want a lay executor to be able to charge for their time, this should be specified in your will.

What if an executor does not want to act?

Being named as an executor does not oblige someone to take on the role. Before they become involved in the estate, an executor can formally renounce their appointment. Once they have started acting, stepping down becomes more complicated.

This is why discussing the appointment with potential executors before you sign your will is so important. You want people who understand and accept the responsibility.

Executors and trustees

If your will creates trusts, the executors often also act as trustees. Trustees have ongoing responsibilities that may last for many years, such as managing funds for young beneficiaries until they reach a specified age.

Consider whether your chosen executors are suitable for this longer-term role, or whether you should appoint different trustees.

Key takeaways

Executors play a vital role in ensuring your wishes are carried out. Choose people you trust, discuss the role with them beforehand, and consider naming reserves. For complex estates, professional involvement can be valuable. Will writers across Kent can help you think through these decisions carefully.