Definition

What is an executor?

An executor is the person named in a will to administer the estate: gathering assets, paying debts and inheritance tax, and distributing what remains to beneficiaries. The role carries personal legal liability and continues until the estate is fully wound up and accounted for.

An executor can also be a beneficiary — that is normal and expected. They can renounce the role before intermeddling in the estate, but not easily afterwards. Most wills appoint two, so that one can act if the other cannot.

The liability is real. An executor who distributes before settling debts or tax can be pursued personally for the shortfall. Statutory advertisements under section 27 of the Trustee Act 1925 give protection against unknown creditors; nothing protects against poor records.

Professional executors — a solicitor or a trust corporation — remove the burden but charge for it, usually on a percentage or hourly basis. Naming a professional in the will without discussing the fee basis first is a common regret.