Executor
Also called: Personal representative (PR), administrator (where no will)
A person named in a will to administer a deceased person's estate, pay debts, and distribute assets to beneficiaries.
Definition
An executor (feminine: executrix) is the person named in a will to carry out its instructions. Upon the testator's death, the executor applies for a grant of probate from HM Courts and Tribunals Service — the grant is the legal document that authorises the executor to deal with the estate's assets. The executor's duties are set out by statute and case law: they must collect in all assets, pay all debts and liabilities (including income tax and inheritance tax), and distribute the residue to beneficiaries in accordance with the will. An executor owes fiduciary duties to the beneficiaries — they must act in the interests of the estate, not their own. If there is no will, or if named executors cannot or will not act, the court appoints an "administrator" under the <a href="https://www.legislation.gov.uk/ukpga/1925/23/contents" target="_blank" rel="noopener noreferrer">Administration of Estates Act 1925</a>, and letters of administration (rather than a grant of probate) are issued. An executor who deals with estate assets without a grant — other than in specified circumstances — risks personal liability. Multiple executors can be appointed; they must generally act unanimously.
In practice
If you are named as executor, do not take any action to deal with assets until you have the grant of probate in hand — banks and the Land Registry will not act on your instructions without it. Read the will carefully, take stock of all assets and liabilities, and instruct a solicitor if the estate is complex (overseas assets, business interests, a disputed will, or inheritance tax above the nil-rate band). See the <a href="/articles/how-to-apply-for-probate" class="body-link">how to apply for probate article</a> for the step-by-step process, the <a href="/glossary/fiduciary-duty" class="body-link">fiduciary duty glossary entry</a> for the standard of care owed, and the <a href="/guides/property/making-a-will" class="body-link">making a will guide</a>.