You've Been Named as Executor in a Will: Your First 10 Steps

Step 1: Decide whether you are willing and able to act

Before you do anything else, consider whether you want to take on the role. Being named as executor in a will does not obligate you to act. You have three options:

• Accept — apply for probate and administer the estate yourself.
• Renounce— formally give up the role by filing Form PA15 with the Probate Registry. You cannot renounce once you have "intermeddled" — taken any act of administration, such as paying a bill from the estate account.
• Have power reserved — another executor applies for probate, and your right to apply is preserved in case the acting executor later dies or becomes unable to continue.

If you decide to act, you should also check whether there are other executors named. Where two or more executors are named, all must either apply together or one must renounce (or have power reserved). See our guide to common executor mistakes to understand the risks.

Step 2: Locate and secure the original will (and any codicils)

You cannot begin formal administration without the original will. Check:

• The deceased's home — filing cabinets, safes, drawers
• Their solicitor's office (many solicitors store wills)
• Their bank (some banks offer will storage, though this is less common)
• The National Will Register (not a complete register, but many solicitor-drafted wills are registered)

Once found, keep the original in a safe place. Do not make any marks on it. Check for any codicils — amendments to the will that must be read alongside it. See our guide on finding the will for a full search checklist.

Common mistake: Acting on a photocopy of the will rather than checking for the original. Photocopies are not accepted by the Probate Registry without an affidavit explaining the loss of the original.

Step 3: Register the death and obtain death certificates

In England and Wales, the death must be registered within 5 days at the local register office. In Scotland, the deadline is 8 days. You will need the Medical Certificate of Cause of Death from the attending doctor or hospital.

Order multiple certified copies of the Death Certificate at registration — typically 6–10 copies. You will need one for:

• The Probate Registry (1 copy, original)
• HMRC (IHT purposes)
• Each major bank or financial institution
• The land registry (if property is involved)
• Pension providers and insurance companies

Additional copies can be obtained later (at a cost of £11 each from the General Register Office) but buying them at registration is quicker and cheaper. For full guidance, see our guide on registering a death in England.

Common mistake: Underestimating how many death certificates you will need and having to order more later, causing delays.

Step 4: Secure and protect the estate assets

Before probate is granted, the estate assets are at risk if not properly secured. As executor, you have an immediate duty to protect them:

• Ensure the deceased's home is secure (check locks, insurance is still active, utilities are stable).
• Notify the buildings and contents insurer of the death — empty properties often have reduced cover after 30–60 days if not notified.
• Do not allow anyone to remove personal possessions until you have compiled an inventory.
• If the deceased ran a business, take immediate steps to ensure it can continue to trade or is wound down appropriately.

See our estate administration checklist for a full list of assets to identify and secure.

Step 5: Notify banks and financial institutions

Contact all banks and financial institutions to notify them of the death. Provide a certified copy of the death certificate. At this stage you are notifying and protecting — do not withdraw or transfer funds until you hold the Grant of Probate.

Banks will typically freeze sole accounts. Joint accounts will usually pass automatically to the surviving account holder. Ask each institution for a valuation of the account as at the date of death — you will need this for the IHT and probate application.

Common mistake: Withdrawing funds from the estate account before obtaining probate. This can constitute intermeddling and may expose you to personal liability.

Step 6: Check whether probate is needed

Not every estate requires a Grant of Probate. You may not need probate if:

• All assets were jointly owned and pass by survivorship to the co-owner.
• The estate is small (many banks will release up to £25,000–£50,000 without probate, but each institution sets its own threshold).
• All assets pass by nomination (life insurance with a named beneficiary, pensions with a nominated beneficiary).

You will almost certainly need probate if the deceased owned property in their sole name. See our full guide on whether you need probate and our guide on when you don't need probate.

Step 7: Value the estate

To apply for probate and determine the IHT position, you must value all of the deceased's assets as at the date of death. This includes:

• Property— obtain a professional RICS valuation or estate agent's opinion for IHT purposes. See our guide on valuing property for probate.
• Bank and savings accounts — request written confirmation of balances at the date of death from each institution.
• Investments and shares— use the "quarter-up" rule for listed shares: take the lower of (opening price + quarter of the difference to the closing price) or the mid-price.
• Pensions — most defined contribution pension pots pass outside the estate, but defined benefit (final salary) schemes may have a lump sum death benefit. Check each pension separately.
• Life insurance — policies written in trust pass outside the estate; those not in trust form part of it.
• Personal possessions — jewellery, vehicles, art, and valuables above a de minimis threshold need professional valuation.
• Debts — mortgages, credit card balances, loans, and utility arrears are deducted from the gross estate value.

You should also check whether the deceased made any lifetime gifts in the 7 years before death — these may be "potentially exempt transfers" (PETs) that are brought back into the estate for IHT purposes. See our guide on the IHT400 form.

Step 8: Determine the IHT position

Inheritance Tax is charged at 40% on the taxable estate above the available nil-rate band. For 2026/27:

• Nil-rate band (NRB): £325,000 per person (frozen until April 2030).
• Residence Nil-Rate Band (RNRB): Up to £175,000 where a residence passes to direct descendants — tapered away for estates above £2 million.
• Transferable nil-rate band: If the deceased was married or in a civil partnership and their spouse died before them without using their full NRB, the unused portion can be transferred — potentially doubling the NRB to £650,000.

IHT is generally due within 6 months of death. Interest accrues after that date. You can pay in instalments on certain assets (property, business assets) if cash is not immediately available. See our guides on the probate threshold 2026/27 and the IHT400 form.

Step 9: Apply for probate (PA1P)

Once you have valued the estate and submitted any IHT return to HMRC, you can apply for the Grant of Probate. The application fee is £273 for estates over £5,000. You will need:

• The original will (and any codicils)
• An original or certified death certificate
• The completed PA1P form
• Evidence of IHT compliance (HMRC receipt or IHT421)
• Payment of £273

You can apply online via GOV.UK or by post to your nearest Probate Registry. Online applications are generally faster. Expect the Grant to arrive 8–12 weeks after submission. See our detailed PA1P guide and our guide on applying for probate.

Common mistake: Submitting the IHT return and probate application simultaneously before HMRC has processed the IHT400. The Probate Registry requires the IHT421 from HMRC before processing your application. Allow 20 working days for HMRC to process the IHT400.

Step 10: Administer the estate — pay debts, then distribute

Once you hold the Grant of Probate, you can begin formal administration. The correct order is:

1. Collect in assets — use the Grant to access bank accounts, sell investments, transfer property.
2. Advertise for creditors — place a notice in the London Gazette and a local newspaper. This protects you from personal liability if an unknown creditor emerges after distribution. See our guide on advertising for creditors.
3. Pay debts and taxes — funeral costs, outstanding IHT, income tax to date of death, credit card and loan debts.
4. Pay specific legacies — cash gifts and specific items named in the will.
5. Distribute the residuary estate — what remains after all debts and legacies have been paid goes to the residuary beneficiaries. For guidance on what the residuary estate means, see our guide on the residuary estate.
6. Obtain receipts — ask each beneficiary to sign a receipt confirming they have received their entitlement.

Once all assets have been distributed, prepare final estate accounts showing all receipts and payments. Keep these for at least 12 years. For the full post-probate process, see what to do after the Grant of Probate.

Executor timeline at a glance

Your personal liability as executor

Executors are personally liable for mistakes. Common ways executors incur personal liability include:

• Distributing assets before paying all debts — if the estate is insolvent you may have to make up the shortfall personally.
• Missing the 6-month IHT deadline — interest accrues and you may face penalties.
• Distributing to the wrong person — for example, overlooking a child who is entitled to inherit.
• Failing to advertise for creditors — an unknown creditor can pursue you personally if you distribute without advertising.

See our full guide to executor personal liability for a comprehensive analysis of your exposure and how to protect yourself.

Frequently asked questions