Home > FAMILY > DUTIES OF EXECUTORS

This fact sheet will give you some basic information about the duties of executors.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• What is the first thing I should do when the person dies?
• hat do I need to do about their estate?
• What about inheritance tax?
• What else do I have to do about probate?
• Should I use a solicitor to help me with probate?
• When do I distribute the estate to the beneficiaries?
• What do I do with all the paperwork?

What is the first thing I should do when the person dies?

The first task is to register the death with your local registry office. You also need to get a copy of the death certificate so the funeral can take place. You might need to get several copies so that the deceased's funds can be released or transferred, for example, from bank accounts, insurance policies, shares and other equities.

Many organisations will need to see an original death certificate before releasing funds. Copies from the Registrar of Births Deaths and Marriages are regarded as "originals".

Once you have the certificate, you should inform all the relevant organisations - banks, building societies, life assurance companies, employers, local authorities, Inland Revenue, benefit agencies and so on.

Do I need to arrange the funeral?

Yes, if the family haven't already done this. The cost of the funeral will usually be the first expense paid from the deceased's estate. Check whether there is a prepaid funeral plan - these are becoming increasingly popular with retired people who want to guard against the effects of inflation.

What do I need to do about their estate?

You can open a Personal Representative's bank account to receive money owed to the estate and, if necessary, to arrange a loan to pay any inheritance tax bill and probate fees. Normally banks and building societies will accept a direct mandate to pay money from the deceased's account for inheritance tax even if probate hasn't been granted.

You can also pay the tax in instalments pending the sale of a property.

You should arrange for a valuation of the estate. This will include the house and its contents, other personal effects, investments in savings plans, equities, life policies, building societies etc. You should also draw up a detailed list of all the deceased's assets.

Also draw up a detailed list of all the debts that have to be paid from the estate. This will include mortgages, income and capital gains taxes, bills, credit cards, loans and overdrafts.

What about inheritance tax?

If the amount left over after paying all the debts is more than the threshold for inheritance tax, you will need to fill in forms from the Inland Revenue Capital Taxes Office to find out if you need to pay inheritance tax. The tax office will send you a certificate to send to the Probate Registry.

Some or all of the estate might have to be sold to pay the inheritance tax. If so, the bank can arrange a loan to pay the tax straight away so there is no delay in getting probate. You can't get a grant of probate until this tax has been paid.

There is more information about inheritance tax in the fact sheet about wills.

What else do I have to do about probate?

There are other forms you need to fill in before you can get a grant of probate. You can get these from the District Probate Office or download them from the HM Courts Service website.

Once you have the grant of probate, you have to send it with withdrawal or closure forms for each asset of the estate. So you should get a number of official copies of the grant so you can speed up the process.

You now have legal authority to pursue any debts owing to the estate.

Should I use a solicitor to help me with probate?

You don't have to, but if you do it yourself (called "making the application in person") you need to provide much more detail and you will need to have an interview with the Probate Registry.

When do I distribute the estate to the beneficiaries?

Once you have collected in all of the estate�??s assets, you should put a Trustee Act notice in a local paper and in the London Gazette. This is so you can distribute the estate without incurring personal liability for any debts it owes. The notice should include the full name, address and occupation of the deceased, as well as the date of their death and your contact details.

You need to set out a time limit for people with claims against the estate to contact you. The minimum is two months and one day after the publication date. When this period has passed, you can distribute the estate.

You must ensure you follow the terms of the will exactly. You should prepare distribution accounts giving full details of the assets and debts of the estate, and showing how the final amount left over has been distributed.

What do I do with all the paperwork?

All papers, including the Grant of Probate and the estate accounts, must be stored safely for 12 years from when you've finished the administration. This will be longer if there are still minor beneficiaries or other interests held in trust at the end of the 12 years.