7 things you should know before acting as an executor

Around two thirds of Which? members called upon to act as executor in the past five years administered the estate themselves rather than hiring a solicitor, according to our 2025 survey. 

If you're named as an executor in someone's will, you'll be responsible for sorting out their affairs and distributing their assets in line with their wishes.

Taking the DIY route can save thousands of pounds but, if you haven’t administered an estate before, it can be hard to appreciate the scale of the task. 

Here, we explore the practical, emotional and legal aspects of being an executor to help you decide whether to take on the role.

1. There’s a lot to think about

Acting as an executor involves a lot of paperwork, from registering the death to applying for probate and paying any inheritance tax that’s due – and it's not uncommon for the entire process of estate administration to take more than a year.

While it can seem daunting, two thirds of survey respondents acting as executors who chose the DIY route said it was easy, or neither easy nor difficult. 

You'll need to be well organised and happy to do some research: use our step-by-step guide to administering an estate to work through tasks in order of priority.

Unfortunately, banks often make the process harder than it needs to be.

One Which? member told us she received compensation from Barclays after she submitted a formal complaint when the bank lost her husband’s death certificate. She explained: ‘I’m not afraid of challenging organisations, but when you’re already stressed and grieving, I can see why others might give up’.

• Find out more: the challenges executors face when dealing with banks.

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2. It can be emotional

Navigating these practical and administrative responsibilities while grieving can be extremely hard. ‘Trying to figure out what to do while organising funerals and dealing with the grief was unbearably stressful,’ one member said. 

For many, acting as an executor is a way of honouring their relationship with the person who’s died. 

Three quarters of those who administered an estate themselves said they chose to do so out of a sense of commitment or responsibility to the deceased. ‘I found it helped my grieving process to know that I was carrying out [my father’s] last wishes as a mark of love and respect,’ said one member.

3. You can be liable for mistakes

‘It’s important to remember that as an executor you’re accountable to HMRC and the court, as well as the beneficiaries, and you can be held personally liable if things go wrong,’ says Which? lawyer James Buchan.

James says there are steps you can take to help protect yourself as an executor:

1. Place a deceased estate’s notice to help locate anyone who may be owed money and protect yourself against claims from unidentified creditors. 
2. Get everything valued at the open market rate at the time of death, and report it to HMRC. Undervaluing the estate can lead to an additional tax bill and fines from HMRC. 
3. As executor, you have a responsibility to locate all the deceased’s assets. A Financial Asset Search can help uncover any accounts or holdings that you’re not aware of.
4. Make sure you’ve identified all the beneficiaries who will inherit, and complete a bankruptcy search before you distribute assets. If you mistakenly pay a bankrupt beneficiary, you could be personally liable for any funds their trustee is unable to recover.

• Find out more: executors left out in the cold by banks.

4. You may need to use a solicitor…

If an estate is complex – for example, if the deceased held assets abroad or the estate is bankrupt – it’s generally advised that you hire a solicitor. 

A third of the executors we surveyed hired a solicitor to help with all or part of the estate administration. The most common reason (59%) for doing so was the executor not feeling that they had the appropriate skills and knowledge to carry out the role themselves.

Probate professionals can also help mediate potential conflicts: ‘[The solicitor] dealt calmly and skilfully with one of the beneficiaries who was hostile to me,’ one member said. 

Different laws apply in the devolved nations. The Scottish government recommends that you seek legal advice if you’re administering an estate valued at more than £36,000. One member told us it was difficult to get through the process without legal assistance because ‘some authorities were reluctant to deal with a non-professional’.

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5. ...but working with a solicitor doesn't always make things easier

In our survey, respondents who used a solicitor were more likely to find the process difficult: 39% of people who used one said they found it difficult, compared with 31% of those who administered the estate themselves. 

Several people told us that their solicitor made errors or lost documents, and some said they had to chase for updates. 

Jo Summers, from the Society of Trust and Estate Practitioners, recommends checking potential solicitors’ qualifications and experience.

‘Questions to ask include: how many probate applications do you do each year? What is the average value of the estates you deal with? Do you have online access to file the probate application with HMCTS,  where a digital application is possible?’ 

• Find out more: who pays inheritance tax?

6. You don’t have to say yes

If someone asks you to be their executor, have an open discussion about their will, wishes and the work involved before committing to the role.

Which? member David Barker’s friends declined the role when they read his will. 

He suspects it’s because his wishes might upset his loved ones – he wants an unattended funeral and hopes to donate his organs. 

Be clear with your executor about what the role involves: ‘Otherwise, it’s like going to a job interview, accepting the role and then only finding out on your first day what you have to do,’ said David.

If you’re already named as an executor in someone’s will, you don’t have to carry out the role. You can appoint a solicitor to act on your behalf, step back from your duties by reserving power if you’re a joint executor or formally renounce your role (this is permanent and only possible if you haven’t started administering the estate).

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7. It’s a learning experience 

Being an executor does seem to get easier with practice: four in 10 first-timers said they found it hard, compared to a quarter who had done it multiple times. 

There are specific rules you must follow as an executor, so it’s important to research your responsibilities and follow the guidance provided by the relevant government. 

If in doubt, seek advice from a professional. Solicitors will often provide one-off advice or the experienced team at Which? Legal can guide you through the process. One member told us that they administered the estate themselves, but asked a solicitor to check they’d met all their obligations. 

Many members we spoke to said the experience has prompted them to think about their own affairs: ‘What I learnt was the importance of making my own finances easy to understand. I’ve set up a ring binder with all the relevant information – it helps me as well.’

Our research: In Oct 2025, we surveyed 13,506 Which? Connect members. 2,428 told us about their experience being appointed as an executor in the past five years. Some names here have been changed.