What you need to know before acting as an executor

Being asked to act as an executor is often seen as an honour, but it’s also a serious legal responsibility that many people underestimate.  

A recent article by Which? explores what the role really involves, drawing on real experiences and expert legal insight, including commentary from Jo Summers TEP, Partner and Head of Private Wealth & Tax at Jurit.Jo spoke to Which? on behalf of the Society of Trust and Estate Practitioners (STEP).

Below, we summarise the key takeaways, and what they mean if you’re considering acting as an executor.

Acting as an executor is a significant commitment

Executors are responsible for administering the entire estate, from registering the death and applying for probate to settling inheritance tax, paying debts, and distributing assets.

According to Which?, the process commonly takes 12 months or more, even for relatively straightforward estates. While many executors report that the process became manageable over time, most agreed it was far more work than they initially expected.

Executors should understand the time commitment before agreeing to act.

The emotional impact can be underestimated

Executors are often dealing with grief at the same time as navigating complex administrative and legal processes. This emotional strain can make decision-making harder, particularly where family dynamics are involved.

That said, many executors also report a sense of purpose in ensuring a loved one’s wishes are carried out correctly.

Emotional readiness matters just as much as practical capability.

Executors can be personally liable

One of the most important, and least understood, aspects of executorship is personal liability.

Executors are legally accountable to:

• HMRC
• Beneficiaries
• The courts

Mistakes, such as incorrect valuations, unpaid tax, or missed creditors, can result in personal financial liability.

Jo Summers highlights the importance of risk-management steps, such as:

• Placing statutory notices to protect against unknown creditors
• Obtaining accurate asset valuations
• Conducting thorough financial searches

Executors must actively protect themselves as well as the estate.

Choosing the right probate solicitor is critical

Jo Summers advises that executors should ask direct questions before instructing a solicitor, including:

• How many probate applications they handle each year
• Whether applications are submitted digitally or manually
• How fees are structured and monitored
• What level of executor involvement is expected

This due diligence can significantly reduce stress, delays, and unexpected costs.

Probate expertise is not interchangeable, specialism counts.

You are not obliged to accept the role

If you have been named as an executor, you do not have to act.

Options include:

• Renouncing executorship (if you haven’t started administering the estate)
• Reserving power (where there are co-executors)
• Appointing a professional executor

The key is to make this decision early, before taking any formal steps.

Saying no is sometimes the most responsible choice.

Many executors say the experience changes their own planning

Interestingly, Which? found that many people who had acted as executors were later more proactive about:

• Making or updating their own will
• Organising financial records
• Discussing executorship openly with family

Acting as an executor often reshapes how people approach estate planning.

Executorship is not just an administrative role, it carries legal, financial and emotional responsibilities that shouldn’t be taken lightly.

With the right understanding, professional support, and safeguards in place, it can be managed effectively, but informed decision-making at the outset is essential.

Discover more in the full article in Which?