Acting as an executor can be more complicated and time-consuming than many people expect. You may be responsible for locating the Will, identifying everything in the estate, settling liabilities, managing property, dealing with beneficiaries and distributing the inheritance correctly.

Mistakes can result in delays, disputes and, in some circumstances, personal liability for the executor.

This guide explains some of the most common problems executors face and the practical steps that can help prevent them.

What does an executor have to do after someone dies?

An executor is responsible for administering the deceased person’s estate in accordance with their Will and the law.

Typical executor responsibilities include:

• Locating the original Will
• Identifying and valuing estate assets
• Establishing debts and liabilities
• Applying for a Grant of Probate where required
• Protecting money, possessions and property
• Paying estate expenses and any tax due
• Identifying and communicating with beneficiaries
• Preparing estate accounts
• Distributing the estate correctly

Before taking action, it helps to create a complete list of the tasks, documents, assets and people involved.

Executors who would prefer support throughout the process can use EstateCare by Harrisons, which brings estate administration, assets, beneficiaries and property services together within one coordinated solution.

Can an executor be personally liable for mistakes?

Executors have important legal responsibilities and must act in the best interests of the estate.

Personal liability may become an issue if an executor distributes the estate incorrectly, fails to settle a valid debt, pays the wrong beneficiaries or allows estate assets to suffer avoidable loss.

To reduce the risk:

• Do not distribute money until appropriate checks have been completed.
• Keep records of every payment and decision.
• Obtain proper valuations.
• Treat beneficiaries fairly and impartially.
• Confirm entitlement before paying an inheritance.
• Seek legal or tax advice when required.

Beneficiaries may understandably want the estate completed quickly, but the executor must make sure it is administered correctly.

What should an executor do if they cannot find the Will?

Start by checking the deceased person’s home, paperwork, correspondence and digital records. Contact any solicitor or Will writer the deceased may have used and ask close family members whether they know where the original document was stored.

If these enquiries are unsuccessful, a professional Will search may help establish whether a Will was prepared or held elsewhere.

If no valid Will can be found, the estate may need to be administered under the rules of intestacy. The people entitled to inherit under intestacy may be different from those the deceased informally said they wanted to benefit.

How can an executor find unknown bank accounts and assets?

Executors sometimes assume that the paperwork found at the deceased person’s home provides a complete record of the estate. Unfortunately, accounts, investments, pensions and insurance policies can easily be overlooked.

A person may have:

• Changed banks
• Moved home without updating every provider
• Opened accounts many years ago
• Held dormant savings or investments
• Used online financial services
• Owned digital or cryptocurrency assets
• Failed to tell relatives about their finances

A financial asset search can help identify potential bank accounts, savings, investments, pensions, insurance policies and other financial connections.

Taking reasonable steps to find unknown assets reduces the chance of money being missed and the estate having to be reopened after distribution.

How does an executor find out what debts the deceased owed?

Executors should review bank statements, post, loan agreements, credit cards, mortgage information, utility accounts and tax records. They may also need to contact known creditors and make wider enquiries.

Debts and expenses can include:

• Mortgages
• Credit cards
• Personal loans
• Household bills
• Care fees
• Tax
• Funeral costs
• Property expenses
• Benefit or pension overpayments

The executor should avoid distributing the estate before liabilities have been established and paid. Where appropriate, statutory notices may provide additional protection against unknown creditors.

If the estate may not contain enough money to pay all its debts, the executor should obtain specialist advice before making any payments.

What happens if a beneficiary cannot be found?

An executor cannot normally ignore a missing beneficiary or divide their inheritance among the beneficiaries who have been located.

Reasonable steps should be taken to find the person. Where the deceased died without a Will or the family structure is unclear, the executor may also need to establish exactly who is entitled to inherit.

Harrisons provides professional genealogy and beneficiary tracing to help executors:

• Identify entitled relatives
• Locate missing or uncontactable beneficiaries
• Verify family relationships
• Research intestate estates
• Trace beneficiaries in the UK and overseas
• Document the enquiries undertaken

Independent research can give the executor greater confidence that the correct people have been identified before the estate is distributed.

What should an executor do when beneficiaries disagree?

Executor and beneficiary disputes frequently begin with poor communication.

Beneficiaries may become concerned if they do not understand what is happening, why the process is taking time or when they are likely to receive their inheritance.

Executors can help by providing appropriate progress updates, keeping written records and explaining the reasons for important decisions. However, an executor should not promise a distribution date until the estate is genuinely ready.

Executors must remain impartial, even if they are also a beneficiary or have a difficult relationship with another family member. If there is a serious disagreement about the Will, the property, the administration or a proposed distribution, independent legal advice should be obtained.

What happens to an empty house during probate?

An empty home is still a valuable estate asset, and the executor is responsible for taking reasonable steps to protect it.

Important actions may include:

• Informing the insurer that the owner has died
• Arranging suitable vacant property insurance
• Changing or checking locks
• Removing valuables
• Redirecting post
• Checking utilities and heating
• Arranging regular inspections
• Dealing with leaks, pests or storm damage
• Maintaining the garden and exterior
• Organising clearance and sale preparation

Insurance policies may contain additional conditions when a home is unoccupied. Leaving the property unchecked could affect insurance cover and allow a small maintenance issue to become a costly problem.

Harrisons can provide coordinated empty property management, including inspections, security, maintenance and practical support while the estate is being administered.

Can an executor sell a house before probate is granted?

A probate property can usually be valued, cleared, prepared and marketed before the Grant of Probate has been issued. However, the sale will generally be unable to complete until the grant is available.

Early preparation can prevent the property sitting empty for longer than necessary, but executors must make sure the sale is handled properly. Suitable valuations should be obtained, the interests of the beneficiaries should be considered and the reason for accepting a particular offer should be documented.

Our probate property solutions can help with securing, inspecting, clearing, maintaining and preparing estate property for sale.

Where appropriate, Harrisons can also coordinate the property sale using a 0% seller fee option, helping to keep more of the sale proceeds within the estate. Alternative arrangements may be recommended for specialist, premium, commercial or development properties.

Why is probate taking so long?

Obtaining the Grant of Probate is only one part of administering an estate. Delays may also be caused by:

• Missing or incomplete paperwork
• Difficulty locating the original Will
• Unknown assets or debts
• Inheritance tax requirements
• Delayed valuations
• Missing beneficiaries
• Family disagreements
• Responses from banks and other institutions
• Problems with an empty property
• The sale of an estate property

Executors can reduce avoidable delays by gathering information as early as possible and progressing suitable tasks at the same time.

Our guide to probate provides further information about the stages commonly involved.

Does an executor need a solicitor or professional probate support?

An executor is not always required to instruct a solicitor, but professional assistance can be valuable when an estate is complex, unfamiliar or particularly time-consuming.

Support may be appropriate if:

• You do not know where to start.
• The Will is missing or unclear.
• Assets or debts are unknown.
• The estate includes an empty property.
• A beneficiary cannot be found.
• The deceased died without a Will.
• Beneficiaries are disputing decisions.
• The estate includes business, overseas or tax matters.
• You do not have time to coordinate the administration yourself.

Harrisons Private Client Solutions is not a firm of solicitors and does not provide regulated legal advice.

 

Our team provides practical estate administration support and coordinates the specialist services an estate may require. Where legal advice is needed, executors can instruct a solicitor of their choice or be introduced to an independent SRA-regulated firm.

How can executors avoid making mistakes during probate?

Executors can reduce risk by following several important principles:

1. Confirm that you have the correct Will.
2. Understand your responsibilities before distributing or disposing of assets.
3. Identify all assets and liabilities.
4. Secure estate property promptly.
5. Verify every beneficiary’s identity and entitlement.
6. Obtain appropriate valuations.
7. Keep detailed estate records and accounts.
8. Communicate clearly without making premature promises.
9. Do not distribute the estate until the necessary checks are complete.
10. Ask for specialist assistance when you need it.

How can EstateCare help an executor?

Estate administration can require contact with banks, insurers, beneficiaries, valuers, contractors, estate agents, researchers and professional advisers. Coordinating all these parties can become a substantial responsibility.

EstateCare by Harrisons provides executors with one coordinated service and a dedicated point of contact.

Depending on the estate, support can include:

• Estate administration and case coordination
• Guidance with personal grant applications
• Financial asset and Will searches
• Genealogy and beneficiary tracing
• Empty property inspections and management
• Clearance, maintenance and security
• Property valuations and sale preparation
• Estate accounts and distribution coordination
• Probate property sales, including a 0% seller fee option where suitable

Executors can use individual Harrisons services or ask us to coordinate the administration from the initial review through to final distribution.

If you are acting as an executor and would like to discuss the estate, contact the Harrisons team or call 01923 943499 for an initial consultation.