How to Choose an Executor for Your Will

Choosing an executor is one of the decisions people rush at when they make a will, and it is one of the few they later come back to me about. Most give it a moment's thought, name their eldest son and move on. That is often the right answer. But it is worth understanding what you are asking of the person, because it is a real job, and the wrong choice can make a hard few months harder still.

I have written wills for Northamptonshire families for the better part of twenty years, and I have watched a good many executors at work. Some sail through it. Others find themselves rather out of their depth. Let me set out what the role involves and how to pick someone who will do it well.

What an executor actually does

An executor is the person, or people, legally responsible for settling your affairs after you have gone. They gather in everything you owned, deal with what you owed, and then hand the rest to the people named in your will. It is an administrative job more than anything, and on a straightforward estate it can still take the better part of a year.

In practice the work tends to run like this. Someone registers the death and finds the will. They then work out what the estate is worth, which means valuing the house, the savings, any investments and the everyday belongings, and listing the debts against them. If probate is needed, and it usually is where there is property or a sizeable sum, they apply to the Probate Registry for a grant that gives them authority to act.

Once that grant comes through, the executor pays off any debts, settles the funeral account and deals with Inheritance Tax where the estate is large enough to attract it. Only when all of that is done do they distribute what is left to the beneficiaries. They also keep proper accounts along the way, because a beneficiary is entitled to ask how the figures were arrived at.

None of it is beyond an ordinary, careful person. But it takes time, patience and a head for paperwork, and it usually lands at the worst possible moment, when the executor is grieving as well.

Who can be an executor

The requirements are not demanding. Your executor must be over 18 when the time comes, and they must have the mental capacity to do the job. That is very nearly the whole of it.

There is one point that catches people out, so let me deal with it head on. An executor can also be a beneficiary. In fact most are. When I write mirror wills for a married couple, each of them names the other as executor, and each inherits from the other. There is nothing improper about it, and it is by far the most common arrangement I see. The person who stands to inherit is very often the person with the most reason to see the estate settled properly.

The one thing a beneficiary must not do is act as a witness when you sign your will. A witness who also inherits can lose their gift. That is a separate matter from being an executor, and it is one I take care of when the will is signed.

How many executors to appoint

You may appoint anywhere from one to four executors. Any of them can act, and they must act together, so their decisions have to be agreed between them.

For most people two is the sensible number. One executor can manage perfectly well, but if that single person dies before you, or is unwilling or unable to act when the time comes, you can be left with nobody named at all. A second executor gives you a spare pair of hands and someone to share the load with. Naming a couple of reserve executors, to step up if your first choices cannot, is a wise precaution and costs you nothing.

I would gently steer people away from naming all four just because they can. Four people trying to agree every step, perhaps scattered across the country, can slow things down rather than speed them up. Two who get on is usually the happier arrangement.

Family member, friend or a professional

Most people choose a family member, and for a simple estate that is usually right. A spouse or an adult child knows your affairs, has a stake in getting it right, and will not charge for their time. The role is unpaid when a relative takes it on, though they can reclaim reasonable expenses from the estate.

A trusted friend can serve just as well, particularly someone level-headed who is a little removed from the family. Sometimes a degree of distance is an asset, especially where feelings between relatives are delicate.

Then there is the professional executor, a solicitor or a bank. This can make sense where the estate is complicated, where there is a business to deal with, or where you simply have nobody suitable to ask. But a professional charges, and those fees come out of the estate before anyone inherits. I have known bank charges take a real bite out of what a family expected to receive. If you are minded to appoint a professional, ask exactly how the fees are calculated first, and get it in writing.

My own view, for most ordinary estates, is that a capable relative supported by a good will writer is the better route. You keep the money in the family and the job still gets done properly.

What to look for

When people ask me who they should appoint, I tell them to think less about who deserves the title and more about who will actually manage the work. A few qualities matter.

• Trustworthy. This person will handle your money and account for it honestly. It is the first thing and the last thing.
• Organised. Much of the job is paperwork, deadlines and keeping records straight. Someone who lets letters pile up unopened will struggle.
• Willing. Nobody can be forced to act. Choose someone who is genuinely happy to take it on, not someone who will feel cornered into it.
• Likely to outlive you, and near enough to help. An executor of a similar age may not be around, or may not be well enough. A younger person, or one who lives locally, is often the practical choice.
• Able to keep the peace. Where a family is prone to friction, pick someone the others will accept without a fight.

You do not need a solicitor or an accountant. Plenty of retired teachers, tradespeople and shop managers have handled estates beautifully. What matters is temperament, not qualifications.

Should you ask them first

Yes. Always. I cannot think of a good reason not to.

It is a courtesy, and it is also good sense. Being named an executor is not an obligation. A person can decline the role when the time comes, and if your only named executor turns it down, your family is left to sort out who takes over. A quiet word beforehand saves all of that. It also lets you tell them where the will is kept, which spares a good deal of searching later.

A woman came to see me a while back to make her will, and she was quite set on naming her sister as executor. When I asked whether she had mentioned it, she admitted she had not, so she rang her that evening. It turned out the sister had a horror of paperwork and had been dreading the very idea. They settled instead on the woman's niece, who was delighted to help. Had we not raised it, the wrong person would have been landed with the job at the worst possible time. Ask first. It takes five minutes and it saves a great deal.

What happens if an executor cannot or will not act

This is exactly why I press people to name more than one, and to add reserves. If an executor has died, or is too unwell, or simply does not want the responsibility, they do not have to act. Where you have appointed others, or named a reserve, one of them steps in and carries on.

Where there is nobody left able or willing to act, the matter falls to whoever is next entitled under the rules, usually the main beneficiaries, who must apply to the court to administer the estate. It is workable, but it is slower and more awkward than it needs to be. A well-drafted will with two executors and a reserve or two avoids the problem almost entirely.

You can also change your mind at any time while you are alive and have capacity. If a chosen executor moves abroad, falls out with the family or is no longer up to it, you update the will. It is a simple change to make and well worth doing when circumstances shift. For more on that, see my note on how to make a will in the UK.

Getting it right first time

Choosing an executor is not complicated once you understand the job, but it repays a little thought. Pick someone trustworthy and organised, ask them properly, name a second and a reserve, and you have done all that is sensibly required.

At Choice Wills I talk this through with everyone whose will I write, in their own home across Northamptonshire or over a video call anywhere in England and Wales. The first conversation is free, the fee is fixed and agreed before I start, and I will help you settle on executors who are actually right for you. If you would like to get it sorted, do get in touch.

Common questions

What does an executor do?

An executor carries out the instructions in your will. That means registering the death, working out what the estate is worth, applying for probate, paying any debts and Inheritance Tax, and then passing what remains to the people you have named. It is an administrative job that can run for months.

Can a beneficiary be an executor?

Yes. A person can be both an executor and a beneficiary, and it is very common. Most people appoint a husband, wife or grown-up child who also inherits under the will. What a beneficiary cannot do is act as a witness when you sign it.

How many executors should I appoint?

You can name between one and four. Two is sensible for most people, so there is a second pair of hands and someone to step in if the first cannot act. Naming a couple of reserves as well is a wise precaution.

Can I change my executor later?

Yes. While you are alive and have mental capacity you can change your executors whenever you like. It is usually done by making a new will, which is the tidiest way. Review the choice if someone dies, falls out with the family or is no longer up to it.

Do executors get paid?

A family member or friend acting as executor is not paid for their time, though they can reclaim reasonable out-of-pocket expenses from the estate. A professional executor, such as a solicitor or bank, does charge, and those fees are paid from the estate before anyone inherits.