Finding Out Your are an Executor – Where Do You Start?

Usually, if a loved one has appointed you as the executor of their will, they will inform you to ensure you are comfortable with the role and that you know what to do when the time comes. However, there is no legal obligation for them to tell you. So, what happens when you unexpectedly find out you’re an executor? Read on to find out.

If you’re new to the process, you can learn more about understanding probate forms and what they mean before you begin.

Making a Will

When someone writes their will, they have the freedom to name who they want to act as the executor of their estate. It can be a spouse, child, other family member, friend, solicitor, colleague, or neighbour! They have no legal obligation to inform the person they have named, although it is strongly advised to do so. This means that it is surprisingly common for people to find out they are the executor of a will after the person who made the will has passed away, which is likely to come as a shock. 

What Are Your Options?

If you have been named in a will as an executor unknowingly, you are likely to find out either through family or a solicitor after the death. At this stage, it is not compulsory that you take on the role of executor. You have three options:

• You can accept the role of executor and apply for probate
• You can renounce the role, which means signing a deed of renunciation. You will not be fined for doing this. 
• You can reserve your power, which means taking a back seat while a co-executor deals with probate.

For full legal guidance, see the official UK Government probate guide for executors.

What to Do If You Unexpectedly Become an Executor

The first thing you need to do is locate the deceased person’s will and ensure it is current, valid, and that you are definitely named as an executor. You should check to see if the deceased specified any funeral plans or wishes and act on them swiftly. It is also important to ensure that someone close to the deceased registers the death and gets a death certificate.

Next, you should secure all assets linked to the estate, which includes protecting any property involved. You will need to ensure all possessions are safely stored or locked away and collect any keys. Next, locate the insurance information and notify any companies that need to be informed of the death.

The next step is to establish financial assets and debts, which include bank and savings accounts, investments, pensions, and any outstanding debts. You will need to notify these organisations of the death. You will also need to notify any employer.

To understand the responsibilities involved, refer to our Executor’s Duties Guide it’s also useful to review HMRC Inheritance Tax guidance to understand any tax implications related to the estate.

Contact Probate Forms for probate advice on 020 99859553.