Role of an executor or administrator

The role carries considerable responsibility and liability for any mistakes made.

What is an Executor or Administrator?

A person or company (such as a firm of solicitors) named in a Will who carry out the wishes of the
deceased and distribute the estate. The role carries considerable responsibility and liability for
any mistakes made. If there is no Will this role is called an Administrator.

What are the responsibilities of such a role?

The responsibilities fall into three categories:

Legal Requirements

  1. Apply for the Grant of Probate, or Letters of Administration (if no Will). This document
    establishes the authority of the Executors/Administrators and allows them to access the
    assets.
  2. Deal with any claims against the estate.

Administration Requirements

  1. In order to apply for the Grant of Probate or Letters of Administration you will need to
    value the estate as at the date of death. This means what the deceased owned or owed
    the day they died and includes any gifts made within the last seven years prior to death.
    Professional valuations may be required.
  2. Collect in all of the assets.
  3. Pay all outstanding debts and liabilities of the estate, including funeral bills and legal costs.
  4. Distribute the estate as per the Will or if no Will in accordance with the intestacy rules

Tax Requirements

  1. Complete and submit the Inheritance Tax Form to HM Revenue and Customs and pay the Inheritance Tax.
  2. Finalise the Income Tax and Capital Gains Tax position up to the date of death.
  3. Finalise the tax for the period of the administration of the estate.

Responsibilities and Liabilities

You can be held personally liable for any breach of duty such as distributing assets incorrectly.
Beneficiaries will require detailed accounts showing all monies and assets received and paid out
during the administration of the estate. It is also necessary to notify all insurers, utility providers
and all income providers of the death. The Executor/Administrator will need to establish a bank or
building society account to hold the estate money

We are here to provide as much help and guidance as you need.

We can:

  • If there is no Will explain how the intestacy rules work.
  • Explain the role, responsibility and ultimate liability of the Executor/Administrator.
  • Deal with all of the legal requirements.
  • Deal with all of the administration requirements.
  • Deal with all of the tax requirements.
  • Help to resolve conflicts and disputes

Back to Estate Administration

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