Duties · 6 min read
What an executor is legally responsible for
An executor holds the estate for the beneficiaries. That fiduciary position is what turns an administrative job into one with real legal duties attached.
Written and reviewed by Ramani Gill, Founder & CEO — Solicitor, TEP, BA, LLM. Last reviewed 2026-08-19.
The core duties
- Dispose of the body and register the death
- Identify, secure and value everything the deceased owned
- Report the estate to HMRC and pay any Inheritance Tax
- Obtain the grant where one is needed
- Collect in the assets and pay the debts in the correct legal order
- Keep full accounts and produce them to the beneficiaries
- Distribute strictly in accordance with the will or the intestacy rules
The standard expected of you
- Act with the care a prudent person of business would apply to their own affairs
- Act in the interests of the beneficiaries as a whole, not one faction
- Avoid conflicts between your personal interest and the estate's
- Act reasonably promptly — the 'executor's year' is the conventional benchmark
- Do not profit from the role unless the will authorises it
The executor's year
Beneficiaries are not generally entitled to press for distribution within twelve months of the death. After that, delay needs a reason you can explain.Doing this yourself?
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What you are not required to do
- Take advice on every question — only where a prudent person would
- Accept the role at all, if you have not yet started to act
- Sell assets at any price simply to finish quickly
- Fund the estate's liabilities from your own money
Common questions
- Can an executor be paid?
- Only where the will contains a charging clause, or all the beneficiaries agree. A professional executor's charging clause is standard; a family executor's usually is not.
- How long does an executor have to distribute?
- There is no fixed deadline, but the executor's year is the benchmark and unexplained delay beyond it can be challenged.
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Related guides
- When an executor becomes personally liable
- Estate accounts: what they contain and who sees them
- Paying estate debts in the right order
- Notifying banks, pensions and insurers after a death
General information only, not legal or tax advice. Last checked 2026-08-19.