The Executor's Role  

If you have agreed to become an executor or are considering becoming one, it is important to understand exactly what is involved. 

An executor sorts out the administrative details of a Will as detailed below.

Executors have usually been specifically named to act in a Will.  

If a person has not been named but wants to become an executor they can apply for an administrative grant to the Probate Registry.

An executor's role is for life because new additions or claims to the estate can arise in the future. An executor can of course decline to act but this would have to be confirmed to the Probate Registry in writing. 

There can be a maximum of four executors named in any one Will but the standard is usually two.

Administration   An executor has to carry out certain tasks in order to legally fulfill the obligations of the task. An executor should therefore:

 
  • Notify family, friends and work place colleagues of the death. This can include placing details in the local/national paper along with funeral details so that people can attend if they wish.
 
  • Obtain a copy of the medical certificate indicating the cause of death and a formal notice from the doctor.
 
  • Register the death at the local Registry of Births, Deaths and Marriages. The death must be registered in order to obtain the death certificate.  

    It is worth getting more than one copy of the death certificate as it will be needed when dealing with insurance companies, pensions, etc.

    The registrar will also issue a disposal certificate to allow you to dispose of the body in the chosen way.
 
  • Make sure they have the last original Will of the deceased. The Testator should have already informed the executors where the Will is kept. 

    Make copies for beneficiaries, banks, inland revenue etc, then put the Will away. It is important that the original Will is not tampered with in anyway (including the addition of staples etc).
 
  • Pay any inheritance tax if necessary. See inheritance tax for more information.
 
  • Contact the local Probate Registry to either obtain your grant of probate (if there is a Will and you are named as executor) or your grant of administration (if there is no Will but you seek to become the executor). See Probate for more information.
 
  • Draw up simple accounts providing details of how the estate has been divided.  An income tax form will also need to be completed for the deceased. 
  • It is advisable to open a separate account into which money paid into the estate can be credited. This will prevent estate money becoming confused with personal finances.
 
  • Deal with the funeral arrangements or assist whoever is dealing with them to ensure that the wishes of the deceased are carried out as far as possible. 

    It is not always possible to follow the wishes of the deceased if conflicts arise. For example if the deceased requested their body should be available for transplant or for medical science, the executor would still need the permission of the next of kin before this could go ahead. The next of kin have the legal right to deny consent.
 
  • Notify all businesses of the death, e.g. all the utiliites, credit card companies, banks, building societies, council tax office, social security and tax office. It is also worth giving the post office a change of address form so that any post will be redirected straight to you.
   
  • Gather all documents relevant to the Will and compile a list of assets, debts and liabilities. Debts and liabilities should be paid off, and funeral expenses should be taken from the amount. The remainder can then be distributed accordingly.
 
  • Distribute the contents of the Will making sure that if anything is left to children under the age of 18, a trustee has been named. This will include the distribution of pecuniary, specific gifts and legacies where applicable and the distribution of the residue. See legal terms for more information.