Choosing executors: who to pick and what the job involves

Your executors are the people who deal with your estate after you die. It is an important job, and choosing the right people makes a real difference to how smoothly things go for your family. This guide explains what the role involves and how to choose well.

What an executor does

An executor's duties include:

• finding the will and registering the death
• arranging the funeral, if the family have not
• valuing everything the person owned and owed
• reporting the estate to HMRC and paying any inheritance tax due
• applying for a grant of probate where one is needed
• collecting in the assets and paying debts and expenses
• distributing the estate to the beneficiaries and keeping accounts

Executors are personally responsible for getting this right, which is why it pays to choose people who are organised and honest, and to tell them what you are asking.

Who can be an executor

Anyone over eighteen can act. A beneficiary can be an executor, and often is; a spouse or adult child is the most common choice. Being an executor does not stop someone from inheriting. The only practical limit is that an executor who is also a witness to the will loses any gift the will leaves them, so keep witnesses and beneficiaries separate.

How many to appoint

You can appoint up to four executors to act at once, though two is usual. Appointing at least two means the job is shared and there is cover if one cannot act. It is also sensible to name a replacement in case your first choice dies before you or is unable to take it on.

Family or professional?

Family members and friends are the usual choice. They know you, they care about getting it right, and they do not charge. The drawbacks are that the job can be a burden at a difficult time, and that it can cause friction if one sibling is chosen over another.

Professional executors such as a solicitor or trust corporation bring experience and impartiality but charge fees, often a percentage of the estate. Some people appoint a family member alongside a professional, with the professional handling the technical work. There is no right answer, but it is worth going in with your eyes open.

Questions to ask yourself

• Is this person organised, sensible with money and comfortable with paperwork?
• Are they likely to outlive me, and to be well enough to act?
• Do they live close enough to deal with practical matters?
• Will they be able to work with the other executor, and with the family?
• Have I asked them, and are they willing?

Executors and trustees

If your will creates a trust, for example to hold money for children until they are older or to protect a share of your home, the people managing that trust are called trustees. They are often the same people as your executors, but they need not be. Trustees may be in post for many years, so choose people who are likely to be around.

Can an executor refuse?

Yes. An executor who has not started to act can renounce the role. One who has started can usually only step down with the court's permission. This is another reason to ask people before naming them.

Getting it written down

Choosing executors is part of making your will, and we will talk it through with you as part of that conversation. We see people at home across Norfolk and Suffolk and hand deliver the finished will for signing.