This guide is general information about the law in England and Wales, not legal advice. Every situation is different, so please speak to us or another qualified adviser before acting on it.
The short answer
An executor is the person you name in your will to sort out your estate after you die. Most people choose a husband, wife, civil partner, adult child or trusted friend, and name at least two people or a replacement in case one can't act. An executor can also inherit under your will. What matters most is that they're organised, trustworthy and willing to do the job.
What does an executor do?
GOV.UK explains that an executor, as a "personal representative", is legally responsible for the estate from the date of death until everything has been passed on to the beneficiaries. That's called the administration period. Depending on the estate, the main tasks are:
- Finding the will and the assets: locating the original will, bank accounts, property, pensions, insurance and debts.
- Valuing the estate and checking inheritance tax: this must be done before applying for probate. If inheritance tax is owed, it normally has to be paid, at least in part, before probate is granted. From 6 April 2027, most unused pensions will count towards the estate for inheritance tax, and executors will be responsible for paying the tax due on them. See our inheritance tax guide.
- Applying for probate if banks or other organisations need it. Our guide to what probate is explains when it's needed.
- Paying debts and taxes: including unpaid bills, the person's final tax and any overpaid benefits. GOV.UK suggests placing a notice in The Gazette giving creditors 2 months to claim.
- Managing assets: for example selling property or shares, and dealing with any income tax or capital gains tax that arises while the estate is being sorted out.
- Distributing the estate according to the will, and preparing final estate accounts.
It's a responsible job. GOV.UK warns that if an executor distributes the estate without keeping enough to pay the debts and tax bills, they may have to pay them personally. Executors can get help from a solicitor or other professional, paid for from the estate, and GOV.UK suggests considering this for larger or more complicated estates.
Who can be an executor?
You have a lot of freedom. Common choices are:
- your husband, wife or civil partner
- adult children or other relatives
- a close friend
- a professional, such as a solicitor or a bank's trust service
Some points to bear in mind:
- Executors can be beneficiaries. It's very common to name the same people as executors and beneficiaries. GOV.UK confirms an executor only inherits if they're also named as a beneficiary.
- Witnesses can't benefit. Anyone who witnesses your will, and their husband, wife or civil partner, can't inherit under it. So don't ask an executor who is also a beneficiary to witness your signature.
- Choose adults. Someone under 18 can't apply for probate, so naming a child as your only executor can cause delays.
- Think about practicalities: age, health, where they live and how well they get on with your other beneficiaries.
How many executors should you name?
There's no single right number, but most people name one to four. GOV.UK says up to 4 executors can be named on a probate application, and if more than one person is named, they must all agree who applies. Naming two people shares the work and gives cover if one dies first or can't act. You can also name a replacement executor who only steps in if your first choice can't.
If you're a couple making mirror wills, you'll usually name each other first, with your children or another trusted person as replacements.
Professional executors: worth the cost?
Some will writers, banks and solicitors offer to be named as your executor. The CMA's guide to buying will writing services points out that:
- your estate will be charged for a professional executor's work when the time comes
- using one isn't a legal requirement
- changing your mind later means changing your will, and it may not be easy for your beneficiaries to agree a replacement
- naming a family member lets them decide later whether to get professional help, rather than committing your estate now
A professional may still be sensible if your family is likely to disagree or your estate is complex. We don't offer to act as executors ourselves, so our advice on this is impartial.
What if an executor doesn't want to act?
Nobody can be forced to take on the role. GOV.UK sets out the options for someone named in a will:
- Power reserved: if there's more than one executor, one can step back for now but keep the right to apply later.
- Renunciation: giving up the right to apply permanently, using form PA15.
- Appointing someone else to apply on their behalf, using form PA11, in certain circumstances.
The CMA notes that an executor may not be legally allowed to step aside once they've started to carry out the role, so it's best to decide early.
Making life easier for your executors
- Ask them first. Make sure they're willing and understand what's involved.
- Tell them where your will is. GOV.UK says to tell your executor, a close friend or a relative where your will is kept. The original is needed for probate, and a photocopy won't do. We don't offer storage, so keep your signed original somewhere safe.
- Keep a record of your finances. Our optional executor pack (£49.99) is a secure record of your bank accounts, insurance, pensions and other finances, plus your funeral and personal wishes. It isn't a legal document and doesn't replace your will.
- Review your will if an executor dies or your relationship changes. GOV.UK lists the death of a named executor as a reason to update your will.
Executors and guardians are different
An executor deals with your estate. A guardian looks after any children under 18. GOV.UK says your will should name both, if you have young children. They can be the same person, but they don't have to be.
Frequently asked questions
Can an executor also be a beneficiary?
Yes. It's very common to name your partner or children as both. The only restriction is that a beneficiary, or their husband, wife or civil partner, shouldn't witness your will, or they'll lose their gift.
How many executors can I have?
You can name several, but GOV.UK says up to 4 can be named on a probate application. Most people choose one or two, plus a replacement.
Can an executor refuse to act?
Yes. They can hold "power reserved" if there are other executors, or give up the right permanently using form PA15. It's best to decide before they start dealing with the estate.
Do executors get paid?
Family and friends usually act unpaid, although reasonable expenses can be paid from the estate. Professional executors charge fees, which come out of the estate.
What happens if there's no executor?
If no executor can act, someone else entitled under the will, such as a beneficiary, can apply instead. If there's no will at all, the closest relative usually applies to be the administrator.
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Sources: GOV.UK: Write your will; GOV.UK: Applying for probate; GOV.UK: Dealing with the estate of someone who's died; GOV.UK: Update your will; CMA: What to consider when buying will writing services. Checked 24 October 2026.