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Looking Ahead

Being an executor: what you are agreeing to

It is an unpaid job with legal responsibility that runs for months and sometimes years. Most people accept it without asking what it involves.

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What follows is the working version of acting as an executor: the decisions in the order you actually meet them, with the reasoning attached.

Before you start

  • Executors carry personal legal responsibility for administering the estate correctly.
  • The work commonly takes many months and sometimes considerably longer.
  • You can generally decline the role before starting, and it is much harder afterwards.

The actual work

Locating the will, obtaining death certificates, identifying every asset and debt, valuing them, obtaining legal authority, settling liabilities, dealing with tax and distributing what remains. It involves dozens of institutions, each with its own process, and considerable correspondence over months. In many countries the whole process routinely takes the better part of a year, and complex or disputed estates take much longer.

It is done while grieving, which is why the role is heavier than the task list suggests.

The responsibility is personal

Executors are generally personally liable for errors, including distributing to the wrong people or paying beneficiaries before settling debts and taxes. That liability does not disappear because the mistake was innocent, which is why the order of operations matters.

The useful part is this: in some jurisdictions there are formal steps for advertising for unknown creditors that provide protection if followed. This is the main reason professional help is worth considering for anything beyond a simple estate.

You can decline

Being named in a will does not compel you to act, and it is generally possible to renounce before you begin dealing with the estate. Once you have started acting, stepping back is much harder and may require court involvement. It is far better to decline at the outset than to abandon a half-administered estate.

Anyone writing a will should therefore ask their proposed executors first, which is frequently not done.

Costs come from the estate

Professional fees, court or probate fees, valuations and property maintenance are generally payable from the estate rather than personally. Executors can usually reclaim reasonable expenses, and lay executors are typically not paid for their time unless the will provides for it. Instructing a solicitor to handle all or part of the administration is a legitimate use of estate funds.

Keeping careful records of every expense and decision protects you if beneficiaries later query anything.

Beneficiaries are the difficult part

Beneficiaries frequently expect faster distribution than the process allows, and the executor absorbs that pressure. Regular written updates, even when there is nothing to report, prevent most of the friction.

In practice, distributing early to relieve pressure is the specific mistake that creates personal liability if debts or taxes emerge later. Explaining the sequence at the start sets expectations better than defending it afterwards.

Some of this will suit you and some will not, and that is the point.

Make it easier for your own executor

A single list of accounts, policies, pensions, debts, professional contacts and the location of the will removes most of the difficulty. Keeping the will findable, and telling the executor where it is, is the other half. Appointing more than one executor, or a replacement, covers the case where one cannot act.

The whole preparation takes an evening and saves someone you care about several months of work.

The takeaway

Ask what the estate involves before you accept, and leave your own executor a list.

The version you keep doing is the version that works.

Questions readers ask

Can I refuse to be an executor?

Generally yes, if you renounce before you begin dealing with the estate. It becomes much harder once you have started acting, so decide at the outset.

Should an executor use a solicitor?

For anything beyond a simple estate it is often worth it, and the fees are normally payable from the estate. Executors carry personal liability for errors, which is the main reason.

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Kwabena Mensah
Careers writer, Money After Thirty

Kwabena writes about earnings, job moves and what a pay rise is worth after tax.

Also by Kwabena Mensah