Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
The executor of a will is the person responsible for administering the deceased’s estate. It is not a ceremonial role. It involves real practical and legal responsibilities, and the choice of executor is one of the most important decisions you will make when preparing your will. This article explains what an executor does, who can act, and how to make the right choice for your circumstances.
What Does an Executor Do?
An executor’s responsibilities begin at the point of death and continue until the estate has been fully administered, which in a straightforward case might take six to twelve months and in a complex one considerably longer. The executor must locate the original will and any relevant documents, register the death, notify relevant organisations including banks, HMRC, and pension providers, arrange the funeral if there is no other family member in a position to do so, value the assets and liabilities of the estate, prepare and submit an inheritance tax return if one is required, apply for a grant of probate if necessary, collect in the assets of the estate, pay any debts and liabilities, and distribute the remaining estate to the beneficiaries in accordance with the will.
This is a significant undertaking, particularly where the estate includes property, business interests, foreign assets, or a complex family situation. An executor who is also a beneficiary and a grieving family member may find the administrative burden considerable at an already difficult time.
Who Can Be an Executor?
Any adult of sound mind can be appointed as an executor. There is no legal requirement for an executor to be a professional or to have any particular qualifications. A beneficiary under the will can also be an executor, and it is very common for a spouse, civil partner, or adult child to be appointed in this way. Most people appoint between one and four executors, with two being common because it provides a check and balance and means the administration can continue if one executor is unable to act.
You can also appoint a professional executor, such as a solicitor or a bank’s trust corporation. Professional executors charge for their services, typically on a percentage of the estate or at an hourly rate, and their charges will be met from the estate before distribution to beneficiaries. The advantage of a professional executor is reliability, expertise, and the absence of any personal interest in the outcome. The disadvantage is cost.
What to Consider When Choosing
The most important qualities in an executor are reliability, organisational ability, and the willingness to take on the role. The person you choose should be likely to survive you, should be willing to act, and should have the time and capability to deal with what can be a complex administrative process. It is always worth asking someone whether they are willing to act as executor before naming them in your will.
Consider also whether your chosen executors are likely to work well together if you are appointing more than one. Disagreements between co-executors can cause significant delays and in extreme cases may require court intervention. If you are appointing adult children and there is any existing tension between them, it may be better to appoint only one of them or to include a professional executor as a neutral party.
Appointing a Substitute Executor
It is sensible to appoint at least one substitute executor in case your primary choice is unable or unwilling to act when the time comes. Without a substitute, if the sole executor has predeceased you or has lost capacity, the court will need to appoint someone to administer the estate, which causes delay and expense.
If you would like advice on appointing executors or any other aspect of will preparation, our team at Cramp and Mullaney advises clients across London and the South East. We offer a fixed fee initial consultation and will guide you through the options available to you.
Cramp & Mullaney LLP advises individuals and families across London and the South East on wills, lasting powers of attorney, probate and estate planning. If you would like to discuss your circumstances, please call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222, or email us at info@cmlaw.co.uk. We offer a fixed fee 30-minute initial consultation.
This article is for general information only and does not constitute legal advice. The law in this area can be complex and the right approach will depend on your individual circumstances. If you need specific advice, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
