When it comes to planning your estate, few decisions are as important as choosing the right executor for your will. Therefore knowing how to choose executors of a will is vital! This person (or people) will be responsible for ensuring that your final wishes are carried out and that your estate is managed properly after you’re gone. With decades of experience in will writing and estate planning, I’ve helped countless families navigate these decisions. Let’s dive into everything you need to know to make the right choice when appointing an executor(s).
What Is an Executor?
An executor is someone you trust to take charge of administering your estate after your death. Their role, in a nutshell, is to ensure that your wishes—laid out in your will—are followed to the letter. This involves a surprising amount of responsibility, from applying for probate (a legal document granting them authority to act) to settling debts, paying taxes, selling property, and distributing your assets to beneficiaries.
Think of an executor as the project manager of your estate, someone with the authority to tie up all the loose ends. Without one, your family could face unnecessary delays, incur costs, confusion, and even disputes over who should take charge.
Why Do You Need Executors?
Some people think they can avoid naming an executor, assuming their family will “sort it all out.” Trust me—that’s not a plan, it’s a recipe for chaos! I once worked with a family who had to apply to the court for an administrator because their loved one hadn’t named an executor. The delays, costs, and stress it caused could have been avoided with a simple decision while drafting the will.
Executors ensure that the right boxes are ticked at the right time. They’ll handle everything from applying for a Grant of Probate to settling debts and distributing assets. More importantly, they’ll protect your legacy by ensuring your wishes are respected.
Roles and Responsibilities of Executors
The responsibilities of an executor can seem overwhelming, but understanding the scope of the role will help you choose wisely. Executors are tasked with:
- Registering the death: While anyone can register a death, it’s an executor’s job to obtain a death certificate. Once you have it you’ll then have to notify the government and financial institutions of the death. There is a great service could Tell Me Once. Use this service to update all government departments, like the DVLA, HMRC, Pensions (DWP) and the local council.
- Locate the Will: Find the original will. Hopefully, you’ll already know where this is stored.
- Applying for probate: Executors apply to the Probate Registry for the legal authority to act. Not everyone will need probate, so use our quick Probate Checker to find out.
- Managing assets: This involves valuing your estate, collecting assets, and managing accounts.
- Paying debts and taxes: Executors must settle any outstanding debts and ensure that any inheritance tax owed is paid to HM Revenue & Customs (HMRC).
- Distributing assets: Finally, they’ll distribute your estate to the beneficiaries listed in your will.
It’s not all doom and gloom—executors also get to play a vital role in honouring your legacy, which many find rewarding. But they need to be prepared for the time commitment and complexity involved.
How to Choose Executors of a Will: Personal Traits
Choosing the right executor isn’t just about picking someone you trust; it’s about picking someone who can handle the demands of the role. Look for traits such as:
- Trustworthiness: This is a non-negotiable. They’ll have access to your finances and assets, so trust is key. You’ll also need to trust that they will honour your legacy and act in your best interest.
- Organisation: Executors need to juggle deadlines, paperwork, accounts, property, and multiple responsibilities. Organisation is key to this role!
- Financial savviness: While not essential, an executor who understands financial matters will find the process smoother. We always recommend setting up a new account and keeping a detailed spreadsheet of expenses, assets and liabilities.
- Impartiality: An executor needs to act in the best interest of the estate, not their personal interests.
One of my clients made the mistake of naming two executors who couldn’t agree on anything. It caused delays and tension among the family. Sometimes, the best choice isn’t a family member but a trusted friend or even a professional.
Who Can Be an Executor?
You can appoint almost anyone as an executor: a spouse, adult child, close friend, or professional such as a solicitor or will writer. There are pros and cons to each choice.
Family members or friends are common choices but can face challenges, particularly if the estate is complex or emotions run high.
If you don’t know of anyone or can’t decide on an executor you can appoint a professional person like a solicitor or our own will writers at Online Probate. Professionals like us offer expertise, impartiality, and the reassurance that your wishes will be handled with care and efficiency.
A final option is to appoint a government official, known as the Public Trustee, to be your executor. They’ll take a percentage of the total value of your estate before tax is deducted and can only accept if your estate doesn’t include managing a business and the estate is insolvent.
What Happens If You Don’t Name an Executor?
Failing to appoint an executor can lead to significant complications. If no one is named, the court will appoint an administrator—often a close family member—who may not be prepared for the role. This can delay the probate process and even lead to disputes among family members.
For example, I once helped a client whose father hadn’t named an executor. The family disagreed about who should take charge, and it took months to resolve. A simple conversation during the will-writing process could have saved everyone a lot of heartache and expense.
Can You Change Executors?
Life changes, and so might your choice of executor. If your circumstances shift—perhaps your initial choice has moved abroad or is no longer able to act—you can update your will to appoint someone else. It’s a straightforward process, but it’s crucial to ensure the update is legally valid. To make any changes to your will we add a codicil to your will. A codicil is a written amendment that allows you to make changes. This has to be signed by you and your witnesses and you must keep the original will.
Regularly reviewing your will is essential, especially after major life events like marriage, divorce, or the birth of a child. We recommend reviewing your will every 1-4 years.
What Happens If an Executor Refuses to Act?
Even the best-laid plans can face unexpected hurdles. One such scenario arises when the executor you’ve appointed decides they’re unable or unwilling to carry out the role. Executors have the right to refuse, even after accepting the role in principle. This is why I always advise clients to have a frank and open discussion with their chosen executors before finalising their will.
If an executor refuses to act, they can formally renounce their position by signing a legal document called a “Deed of Renunciation.” This form exists to enable people to give up their probate executor or administrator rights. This must happen before they’ve begun administering the estate. Once renounced, they cannot later step back into the role. The responsibility then falls to any co-executors named in the will. If no alternative executors have been appointed, the court may step in to appoint an administrator.
Avoiding Executor Refusals
To avoid complications, it’s essential to seek your executor’s permission before appointing them. Explain the responsibilities they’ll be taking on and ensure they’re comfortable with the role. Some people shy away from these conversations, but they’re vital for ensuring smooth estate administration.
I once worked with a family where the executor had initially agreed but later realised they didn’t have the time or resources to commit. Fortunately, the will named an alternate executor, which allowed the process to proceed without delay. Adding alternates to your will is a simple but often overlooked safeguard that can save significant time and stress.
What Happens If an Executor Refuses After Death?
If permission was sought and the executor had agreed but later refuses after the testator’s death, it can still cause delays. This scenario may occur if the executor feels overwhelmed by the responsibilities or personal circumstances have changed. In such cases, other executors named in the will can take over. If no alternates are listed, beneficiaries or family members may need to apply to the court to appoint an administrator.
At Online Probate, we can help guide families through these challenges, offering professional executor services to step in if no one else is available or willing. This ensures the estate is managed efficiently and your wishes are honoured.
Now You Know How To Choose Executors of a Will
Knowing how to choose executors of a will is vital. It’s one of the most important decisions you’ll make when writing your will. It’s about ensuring your loved ones are supported and your wishes are carried out without unnecessary delays or disputes.
At Online Probate, we pride ourselves on helping people make informed decisions about their estate planning. Whether you need advice on appointing executors, writing your will, or managing probate, we’re here to help.
If you’re ready to take the next step or have questions, contact us today. Let’s make your estate planning as stress-free as possible, so you can focus on what really matters—living your life with peace of mind.
