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3 min read

Named as an executor? Your first ten steps.

Named as an executor? Your first ten steps.

Graham Lowe, Partner
Claire Bennett, Senior Associate

Graham Lowe

Checked by Claire Bennett

A bright entrance hall with timber floors, a staircase and a glass-panelled front door.
A bright entrance hall with timber floors, a staircase and a glass-panelled front door.
A bright entrance hall with timber floors, a staircase and a glass-panelled front door.
A bright entrance hall with timber floors, a staircase and a glass-panelled front door.
A bright entrance hall with timber floors, a staircase and a glass-panelled front door.
A bright entrance hall with timber floors, a staircase and a glass-panelled front door.
A bright entrance hall with timber floors, a staircase and a glass-panelled front door.

1

Provided there’s a valid will. If there isn’t, the steps start with an application to the court.

Being named as an executor is a sign of trust, and it often arrives at a hard time. The role has clear steps. Taking them in order keeps the estate safe and protects you personally.

This checklist covers the first ten steps for most estates. Some take a day; others take weeks. You don’t have to do them all yourself, and reasonable costs can usually be repaid from the estate.

What an executor does

An executor collects what the person owned, pays what they owed, and passes the rest to the people named in the will. You act for the estate, not for yourself, and you must treat everyone named in the will fairly. You can usually take advice and pay for it from the estate.

The first ten steps

1. Find the original, most recent will

Check the person’s papers, their lawyer, their bank and any will registry. Make sure you have the latest version and the signed original, not a copy.

2. Arrange the funeral

Follow any wishes in the will. Funeral costs are usually paid from the estate, and banks will often release money directly to the funeral director.

3. Secure the home, car and valuables

Lock the property, redirect the mail, keep insurance in place and remove valuables if the home will be empty. Don’t let anyone take items before the estate is sorted, even if they were promised them.

4. Get copies of the death certificate

Order several. Banks, insurers, pension funds and government agencies will each ask for one.

5. Tell the banks, insurers and funds

Contact each institution, ask what it holds and what it needs from you. Accounts are usually frozen until they see the death certificate and, for larger amounts, a grant of probate.

6. List what the person owned and owed

Make an inventory: property, accounts, shares, vehicles, personal items, debts, loans, credit cards and any money owed to the person. Values at the date of death are the ones that matter.

7. Keep a record of every cost

Keep receipts and a simple spreadsheet of every payment you make and every amount you receive. A clear record means you can be repaid, and protects you if anyone asks questions later.

8. Check whether probate is needed

A grant of probate is a court’s confirmation that the will is valid and that you can act on it. Small estates sometimes don’t need one; estates with property or large accounts usually do. Each institution decides what it requires.

9. Tell the people named in the will

Let beneficiaries know they are named, and keep them informed as things progress. Most problems within families start with silence, not with the will itself.

10. Pay debts before you distribute anything

Pay debts, taxes and expenses first. If you hand out money before the debts are settled and there isn’t enough left, you can be personally liable for the shortfall.

What not to do

  • Don’t distribute anything until the debts are known and paid.

  • Don’t sell property or make investment decisions in a hurry.

  • Don’t mix estate money with your own; open a separate estate account.

  • Don’t take on the role if you can’t. You can usually decline, as long as you haven’t started acting.

When to get help

If the estate includes a business, property in more than one place, a family trust, or a family member who may contest the will, talk to us early. We quote the work in stages so you always know the next cost, and the fees are usually paid from the estate rather than by you.

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