Key Responsibilities Of Executors Of Wills

When a loved one dies, they will leave behind a will to explain their wishes about what they would like to happen to their estate. This can be a legally challenging process unless there is an executor to handle it. Many families can experience when a will is not clear or if certain things aren’t stated. However, an executor can help ensure it is a seamless process. If someone close to you has died, you may have been assigned as the executor of their will, which can seem daunting but it ensures the process of splitting somebody’s estate goes easily. Perhaps you are looking for guidance or you’re unsure what your role is. We’ve put together this blog to help you understand exactly what an executor is expected to do.



What is an executor?

An executor of a will is the person who is named in the will to carry out the instructions of the will. This includes tasks such as gathering the assets of the deceased, paying off debts, and distributing the assets to the beneficiaries. The executor is also responsible for filing the will with the probate court. The executor is a very important role and should be someone who is trusted by the deceased and who is able to handle the responsibilities involved.

What do executors do?

An executor will carry out many tasks including:

-      Registering the death and getting a death certificate

-      Getting copies of the will

-      Arranging the funeral

-      Taking responsibility for property and post

-      Valuing the estate

-      Sorting out finances

-      Dealing with any assets

-      Paying any Inheritance Tax (IHT)

-      Applying for probate

-      Distributing the estate.

Registering the death

The first thing an executor will need to do is register the death. You will also need to let the person’s GP know. This task isn’t always down to the executor but you may need to do it if no one else can. You may want to request several certified copies of the death certificate as it will be a lot more expensive to request copies later on. You may need a copy for each company that holds money or other items of value that belonged to them unless you are employing a solicitor. These companies are known as asset holders and will include the person’s bank, insurance providers and landlord.

Getting copies of the will

You may not have any idea how the person planned to split their estate as many people choose not to talk about it before they die. However, all the details you will need will be in the will. You will have to find the most up-to-date version of their will, where it is held and get the original - or a copy if that is not available. You can search for a will online using the National Will Register or the Probate Registry. All you need is a death certificate and proof of your identity. If there are other executors, they must confirm they are happy for you to have the will. You should make copies of the will for yourself, any other co-executors and the beneficiaries and then put the original will away in a safe place. You should never tamper with the original copies in any way such as adding staples or paper clips.

Arranging the funeral

Arranging the funeral is often the most difficult part of someone's death, especially if they haven’t left any particular instructions about what they would like to happen. However, many people find it a welcome distraction from the grief. It’s best to try and follow the instructions in the will as much as possible, but you don't have a legal duty to do so. Remember, your friends and family are there for support, they can offer both practical and emotional support during this process and you can ask them to help you with small tasks if you need them. Try and talk to someone as much as you can. There may already be a funeral plan in place, in which case you should contact them as soon as possible to get the ball rolling for funeral arrangements. Either the bank can pay the funeral director directly or you can be issued with a cheque for the amount due.

At this point, you should inform family, friends and work colleagues of the death. If you want other people to attend that you may not have contact details for, you can put a notice in local or national newspapers.

Property and post

Taking responsibility for someone’s property can feel hard. It’s their space and their belongings and they can trigger memories and bring up a lot of emotions. However, you should contact the insurers as soon as possible and make sure that the property is secure. The policyholder may have to be changed and the insurance provider may ask you to make regular checks on the property if it is unoccupied. You should check whether the insurance property covers it if it is unoccupied and you may have to take out a new one.

Valuing the estate 

The person’s estate will need to be valued. This involves listing everything they owned when they died (minus any debts such as mortgage, loans and bills. This might also include assets that are held jointly with others. Property and land will need a professional valuation and anything worth more than £500 should also be professionally valued. You’ll only need to value the estate straight away if the estate owes Inheritance Tax. Inheritance Tax forms need to be sent within 1 year and tax needs to start being paid within 6 months or the estate will be charged interest. If you can, pay all the Inheritance Tax as soon as possible.

Sorting out finances

Finances can be tricky to sort but you should start by sending original death certificates to any asset holders like building societies, banks and insurance companies. Find out what the current bank balances and investment values were on the day of death and cancel any direct debits. Any payments from salaries, pensions and state benefits need to be stopped and you should advise issuers of their credit cards, passports, driver’s licenses and TV licenses of the deceased. They will give you further instructions. You should find out if there are any debts or overpayments by looking through paperwork, bills and statements. If you think there may be more debts than assets, the estate might be insolvent and you should seek the help of probate solicitors.

Applying for probate

In order to carry out any of the wishes in the will or to distribute the estate, you will need to be granted probate. This means getting the court’s permission to carry out someone’s wishes. Once you have been permitted probate you will have obtained a ‘grant of probate’ or a ‘grant of letters of administration’. Applying for probate isn’t too difficult as long as the estate isn’t too complicated. If the deceased’s estate is valued at less than £5,000 in England and Wales or less than £10,000 in Northern Ireland, you may not need to apply for probate. In this case, write to their bank or building society.

You can apply for probate via post, you just need to complete a PA1P form and the right Inheritance Tax form. Call the HMRC helpline for probate and Inheritance Tax enquiries to request these forms, then send them to the address listed on the PA1P form along with:

-      An official copy of the death certificate

-      The last original will and any codicils (a document outlining a small amendment to the will)

-      The £273 fee plus £1.50 for each extra official copy of the grant. You’ll need a copy for each asset holder.

Looking For Help With A Living Will or Probate Solicitors In Stafford?

At Mark Redler Solicitors, we’re here to assist you with wills and probate. Whether you want to write your own will or you are named as an executor on someone else’s, give us a call. We aim to make the process stress-free as we know what a difficult time it can be. We are able to assist with making a will and ensuring it covers everything you need it to. Give our probate solicitors a call today to learn more.