Executor’s Responsibilties

The Executor has a wide range of responsibilities which include:

  • Registering the death
  • Obtaining the original Will
  • Valuing the estate
  • Reporting to HMRC
  • Paying any inheritance tax which may be due
  • Applying for Probate
  • Collecting the assets of the estate and paying any liabilities
  • Preparing estate accounts
  • Distributing the estate to the beneficiaries.

Registering the death

You will need to register the death as this is the formal record of the death. You have five days to do this, and you will be issued with the death certificate at your appointment. We would recommend obtaining at least 4 or 5 copies of the death certificate as these will need to be produced to various institutions. Any costs incurred in this regard by the executor can be reimbursed from the estate, just ensure you keep a receipt.

Obtaining the original Will

You will need to have a copy of the Will at a minimum in order to demonstrate your role as an appointed executor and obtain advice. Hopefully you will know the whereabouts of the original Will (or a copy), as it is the original which should be submitted to the Probate Registry. In the unlikely event that you don’t, you could try to do the following:
  • Check with family and friends
  • Check around the deceased’s home to see if you can find the Will or if there are any documents which confirm the whereabouts of the same.
  • If the deceased had a solicitor, contact them to see if the Will is stored with them.  If you don’t know who their solicitor was, then call solicitors local to the deceased and ask them to check their records.
  • You could contact the Probate Registry to check if the Will is being stored with them.
  • Check online on the National Will Register – this is a Will search service which enables you to locate the solicitor who drafted the Will, if they registered the same. If required, they will also undertake a search with various local solicitors on your behalf for a fee.

Valuing the estate

Once you have located the Will, you will need to obtain details of all the deceased’s assets which will then enable you to value their estate to establish if you will need to obtain probate.  Here you will need to work out the value of all of the deceased’s assets (i.e. everything they owned with a value) at the time of death, and then deduct any debts that they may have had. Once you know the net value of the estate and the beneficiaries inheriting, you will then know if Inheritance Tax is payable or if more comprehensive reporting to HMRC is required.

Paying any inheritance tax owed

Inheritance tax (IHT) is a tax on a deceased person’s net estate. It is 40% on anything above the tax threshold of £325,000. However, if 10% or more of the estate’s net value is left to charity, then this can be reduced to 36%.

If Inheritance Tax is owed, then it is due to be paid six months after the end of the month of death – so if your loved one died on 2nd January 2024, then it is due to be paid 6 months from the 31st January 2024.  You need to be aware that HMRC charges interest from the due date until the tax is paid.

If the estate is liable for Inheritance Tax, then form IHT400 needs to be completed and filed with HMRC.  The Administrator must pay a sum of Inheritance Tax on filing this form IHT400. A Grant of Probate will not be issued until a sufficient sum of Inheritance Tax has been paid.

Applying for Probate

If there is no Inheritance Tax to pay nor a requirement to file more comprehensive inheritance tax accounts, then you can proceed to complete the Grant of Probate application online or if you do not qualify to apply online prepare application form PA1P.

If there is inheritance tax to pay, then you need to wait for HMRC to send a code to confirm that the Inheritance Tax account has been processed.  You will need this code for your Grant of Probate application.  Once you have this code, you can then proceed to prepare the application online or if you do not qualify to apply online prepare the application form PA1P.

What happens when you have the Grant of Probate

Once you have received the Grant of Probate, the Executor can then start closing accounts, collecting assets, selling any properties, settling debts, preparing estate accounts and distributing the estate in line with their loved ones wishes within the Will. 

Can I deal with probate myself

It is possible for you to deal with Probate yourself, but it can be stressful or overwhelming, and sometimes complicated. It also carries risk because as an Executor you will be personally responsible for making sure the estate is dealt with correctly such as interpreting the terms of the Will, reporting to HMRC, declaring the estate position to the Court, dealing with any unpaid debts or if the beneficiary does not receive the correct inheritance. To avoid any stress or risk to you, you can always instruct a firm of solicitors to deal with this on your behalf. My Probate Solicitors are here to help, and we will support you throughout the journey.

This note is not intended to give specific legal advice and is prepared by My Probate Legal Limited trading as My Probate Solicitors, a limited liability company registered in England and Wales under registration number 15337116. Registered office: Centurion House, 129 Deansgate, Manchester, M3 3WR. Authorised and regulated (under SRA number 8007072) by the Solicitors Regulation Authority.