Being appointed an executor means taking legal responsibility for dealing with someone's estate after they die. It is a role that carries real duties and real deadlines, and executors can be held personally liable for getting it wrong. The work is rarely difficult in itself, but it is involved, and the order in which things are done matters, particularly where inheritance tax is concerned.
This checklist sets out the main stages in plain terms. It is part of our guide to Probate and Estate Administration. Where an estate is large, complex, or has inheritance tax to pay, our probate and estate administration service at /services/probate-and-estate-administration handles the heavy lifting for you.
Stage one: the immediate steps
In the first days and weeks, the focus is on the formalities and on securing the estate. The death must be registered, usually within five days, and the will located so that the executors know they are appointed. The executors should also take practical steps to protect the assets, such as making sure property is insured and secure.
- Register the death and obtain certified copies of the death certificate; several copies are usually needed.
- Locate the will and confirm who the executors are.
- Notify banks, pension providers, insurers, and other institutions.
- Secure and insure any empty property and safeguard valuable possessions.
- Arrange the funeral, which can be paid from the estate.
Stage two: value the estate
The executors must establish the value of everything the deceased owned and owed at the date of death. This means writing to every bank, building society, pension provider, and investment manager for date-of-death balances, obtaining property valuations, and listing debts. Accurate valuation is essential because the inheritance tax position depends on it, and because executors can be liable if the figures are wrong.
This stage often takes the longest, because it depends on third parties responding. Starting it early, and chasing where necessary, keeps the rest of the process moving.
Stage three: report and pay inheritance tax
Where inheritance tax is due, it must be reported to HMRC and, crucially, paid before probate can be granted in most cases. This creates a well-known timing problem: the tax often has to be paid before the executors can access the very assets they need to pay it from. Inheritance tax is due by the end of the sixth month after the month of death, and interest runs on anything paid late.
| Event | Timing |
|---|---|
| Inheritance tax due | End of the sixth month after the month of death |
| Interest on late tax | Runs from the due date until paid |
| Tax on property | Can be paid in instalments over ten years (interest still applies) |
| Reporting to HMRC | Required before probate where tax is payable |
There are ways to manage the timing trap. Banks may release funds directly to HMRC under the Direct Payment Scheme, tax on property can be paid in instalments, and in some cases a short-term loan or an early sale is arranged. A specialist can advise on the best route, which is one of the most valuable parts of getting help.
Stage four: apply for probate
Probate is the legal authority to deal with the estate. The executors apply for a grant of probate, confirming the will and the value of the estate, and once granted the grant is the document institutions need before they will release assets. Where there is no will, a similar process applies for letters of administration. The application follows the inheritance tax reporting, because HMRC needs to have processed the account first where tax is involved.
Stage five: collect in and pay debts
With probate granted, the executors collect in the assets: closing accounts, selling or transferring investments and property, and gathering the proceeds. They then settle the estate's debts and liabilities, including any remaining tax. Executors should make sure all debts are paid, and consider placing a statutory notice for creditors, before distributing to beneficiaries, because paying out too early can leave them personally exposed.
Stage six: distribute the estate
Finally, once debts, taxes, and expenses are settled, the executors distribute what remains to the beneficiaries according to the will. They should prepare estate accounts showing what came in, what went out, and what each beneficiary receives, and ask the beneficiaries to approve them. Keeping clear records throughout protects the executors and provides a clean conclusion to the administration.
- Settle all debts, expenses, and taxes before distributing.
- Consider a statutory notice for creditors to limit personal liability.
- Prepare estate accounts and have the residuary beneficiaries approve them.
- Distribute specific gifts and then the residue in line with the will.
- Keep all records, since questions can arise after distribution.
Common questions
How long does administering an estate take?
A straightforward estate can take six to twelve months; a complex one with property, business assets, or disputes can take considerably longer. The valuation stage and the inheritance tax process are usually what drive the timescale.
Can an executor be personally liable?
Yes. Executors can be personally liable for losses caused by mistakes, such as distributing before debts and taxes are paid, or getting valuations wrong. This is why many executors take professional help, particularly where inheritance tax is involved.
Do I have to act as executor if I was named?
No. A named executor can decline the role before taking any steps, by renouncing. If the role looks burdensome, it is better to decide early. Where you do act but want support, a specialist can handle the technical and tax work while you remain the appointed executor.
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Continue the series
Probate and Estate Administration: An Executor’s GuideRead the complete guide and the rest of the series.