Naming an executor is one of the most important decisions in your Will, and one people often rush through without fully understanding what the role actually involves. Here’s what to consider before you decide.
What does an executor actually do?
Your executor is legally responsible for administering your estate after you die. In practice, that means:
- Registering the death and obtaining the death certificate
- Locating your Will and confirming it’s the most recent, valid version
- Applying for probate (the legal authority to deal with your estate), where it’s needed
- Locating and accurately valuing all your assets, from property to pensions to personal belongings
- Paying any outstanding debts, and settling any inheritance tax due, sometimes before probate is even granted, which can require the executor to arrange funds in advance
- Distributing what remains to your beneficiaries, according to your Will, and keeping clear records of how the estate was administered
It’s a role with real legal responsibility, an executor can be held personally liable if the estate isn’t administered correctly, for example if debts or tax aren’t properly paid before assets are distributed. That’s why the choice matters more than people often assume when they name the “obvious” person without thinking it through.
Who can be an executor?
Anyone over 18 can be named as an executor, including a beneficiary of your Will, in fact, this is extremely common, and many people name their spouse or an adult child. You can name up to four executors to act together on a single grant of probate, and it’s wise to name at least one substitute in case your first choice is unable or unwilling to act when the time comes, whether through death, illness, or simply a change of heart.
What makes someone a good choice?
- Organised and reliable. The role involves paperwork, deadlines, and coordination with banks, HMRC, and the Probate Registry, someone comfortable with administrative detail will find it far less stressful.
- Willing to take it on. It’s worth actually asking the person first, rather than assuming, being named as executor without being asked can come as an unwelcome surprise at a difficult time, and there’s no obligation for anyone to accept the role.
- Likely to outlive you, or a suitable age. Naming only someone close to your own age carries the risk they may no longer be able to act when the time comes, hence the real value of naming a younger substitute executor alongside them.
- Able to stay neutral. If your estate involves family dynamics that could create tension, a blended family, for example, or beneficiaries who don’t get on, a neutral, capable executor can prevent disputes from escalating. An executor who’s also deeply embroiled in the family dynamics can sometimes make things harder.
- Geographically practical. While it’s not essential, an executor who lives reasonably locally, or who is comfortable managing things remotely, tends to find the process more manageable than one juggling it from a significant distance with limited time available.
Can you name a professional executor instead?
Yes. If you don’t have a suitable family member or friend, or if your estate is complex, significant business interests, overseas assets, or a high likelihood of family dispute, you can name a professional, such as a solicitor or TEP, as executor, either alone or alongside a family member. This typically comes with a fee taken from the estate rather than paid upfront, but it can bring welcome objectivity, experience, and time availability, particularly for larger or more complicated estates where a family member might otherwise feel overwhelmed.
A common mistake worth avoiding
Naming co-executors who don’t get along, or who live at opposite ends of the country with very different views on how things should be handled, can slow the whole process down and create friction during an already difficult time, since major decisions typically need agreement between all acting executors. It’s worth thinking practically, not just sentimentally, about who’s genuinely best placed to do the job well, rather than defaulting to whoever feels like the “natural” choice out of obligation.
What if my chosen executor doesn’t want to act when the time comes?
An executor can formally renounce the role if they haven’t already started acting in it, at which point a substitute executor named in the Will would typically take over. If no substitute was named and all named executors are unable or unwilling to act, the court can appoint someone else, usually a beneficiary, which can add delay at a time when your family least needs it. This is exactly why naming a substitute at the outset is worth the small extra thought.
Should you tell your executor they’ve been chosen?
Yes, generally, beyond the courtesy of asking first, it means they’re not discovering the responsibility for the first time at a moment of grief. It gives you the chance to let them know where your Will is stored and roughly what to expect. Some people also choose to give their executor a general sense of their wishes in advance, though this isn’t a legal requirement. We generally advise against giving your executors a copy of your Will during your lifetime.
Getting it right from the start
Choosing the right executor, and making sure your Will is clear about their powers and responsibilities, makes the whole probate process meaningfully smoother for the people you leave behind. If you’re updating an existing Will or writing a new one, it’s a conversation worth having properly rather than filling in as an afterthought.
Frequently asked questions
Can I name my solicitor or TEP as sole executor?
Yes, though many people prefer to name a family member alongside a professional, giving both personal oversight and professional support.
Does an executor get paid for the role?
A family member or friend acting as executor isn’t automatically paid, though reasonable expenses can be recovered from the estate. A professional executor typically charges a fee taken from the estate.
What happens if I don’t name an executor at all?
The court will appoint an administrator, usually the main beneficiary, following a set order of priority, broadly similar to the intestacy rules for who inherits.