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Executors provide these documents to entities such as insurance companies or financial institutions to confirm that they have the legal authority to act on behalf of the estate. Gathering Assets The executor must first identify all the decedent’s assets and gather them for safekeeping whenever feasible. Executor: An individual appointed to administrate the estate of a deceased person. The executor's main duty is to carry out the instructions and wishes of the deceased. The executor is appointed.

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One of the most important parts of writing a will is choosing your executors. Here, we’ll cover who can be an executor, what they do and why they’re so important.

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Our online will writing service is designed to help people in the UK write a will in just 15 minutes. And as part of this process, you’ll need to appoint executors of your will. If you know who you want to choose in advance, it will only take you a few minutes to fill out this section, so we’ve created this quick guide to help you work out the best people for the job.

What is an executor of a will?

An executor of a will is somebody you nominate to carry out the wishes left in your will. They could be a friend, family member or a professional – the most important thing is that they feel comfortable and confident administering your estate.

What do my executors have to do when I die?

The first thing your executors need to do is find your will, so it’s important you tell them where it’s kept after you’ve printed and signed it alongside two witnesses. If it’s needed, they’ll then be responsible for applying for probate so they can follow the wishes you set out in your will.

Your executors are also responsible for dealing with your estate. This may include closing your bank accounts, paying off any debts, and selling or transferring property so they can share everything out between your beneficiaries. Alternatively, your executors may choose a professional to handle the estate administration on their behalf.

If you’re dealing with a bereavement and need help with probate, you can find out about our fixed-price probate service here.

What powers do the executors of my will have?

Executors are given some powers under the laws of England and Wales, but it is common for solicitors and will writing professionals to include additional provisions in wills they provide.

When you write a will using our online will writing service, it will include a set of general provisions. These have been professionally drafted and approved by the Society of Trust and Estate Practitioners (STEP), a global professional association that promotes high professional standards in this area of law.

How many executors do I need to appoint when I write a will?

You need to appoint at least one executor of your will – but you can choose up to four people or professionals. If you’re choosing friends and family, it’s recommended that you appoint at least two executors. This is because there are certain limitations for sole executors that don’t apply to professionals.

Can an executor also be a beneficiary of my estate?

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Yes, any of your beneficiaries can also act as your executor, as long as they’re over 18 years old. This can be useful if you’re sharing your estate between your children and want to make your oldest child an executor.

3 things to think about before choosing executors of your will

1. The amount of work involved

The first thing to think about when choosing your executors is the amount of work involved. If your estate is relatively small and doesn’t require the sale of any property, a financially-savvy friend or family member may be comfortable acting as an executor. But if the situation is more complex and requires the sale and distribution of property, you may be better off choosing a professional executor service.

2. How they’ll feel after your death

Another thing to consider is whether the people you choose will appreciate having to deal with your estate. Between dealing with grief and planning your funeral, being an executor of a will can feel like an unwelcome burden to some people, so it’s important to bear this in mind when appointing executors in your will.

3. How much it will cost

If you choose to appoint a professional executor service, there will be a fee involved for them to deal with your estate. Traditionally, this is either worked out as an hourly rate or on a percentage basis – sometimes even a combination of the two. So if your estate is worth £500,000 at the time of your death, this could end up costing £20,000.

We understand that people like knowing exactly what things are going to cost upfront, so we created a more transparent executor service called Farewill Trustees. Rather than working on a percentage or hourly rate basis, we charge between £1,000 and £2,750 depending on the complexity of your estate. This is always quoted upfront, so you know exactly how much this will cost in advance.

How to appoint executors of your will

When you write a will with our online will writing service, appointing your executors is easy. Whether you choose friends, family, Farewill Trustees or a combination of all three, you can do so in just a few clicks.

After you’ve finished your will, our experts will check it over within 5 days to make sure your wishes are clear. Then you’ll be able to print it, sign it alongside two witnesses and put it away somewhere safe knowing that your estate is in good hands when you’re gone.

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It's both an honor and a burden to serve as someone's executor. An executor is entrusted with responsibility for winding up someone's earthly affairs -- a big or little task, depending on the situation. Essentially, an executor is charged with protecting a deceased person's property until all debts and taxes have been paid, and seeing that what's left is transferred to the people who are entitled to it.

The law does not require an executor (also called a personal representative) to be a legal or financial expert, but it does require the highest degree of honesty, impartiality, and diligence. This is called a 'fiduciary duty' -- the duty to act with scrupulous good faith and honesty on behalf of someone else.

Executors have a number of duties, depending on the complexity of the deceased person's financial and family circumstances. Typically, an executor must:

• Find the deceased person's assets and manage them until they are distributed to inheritors. This may involve deciding whether to sell real estate or securities owned by the deceased person.
• Decide whether or not probate court proceedings are needed. Most jointly owned assets pass to the surviving owner, without probate. And if the deceased person's property is worth less than a certain amount (how much depends on state law), it may be able to go through a streamlined probate process. (To learn more about probate, see Probate FAQ.)
• Figure out who inherits property. If the deceased person left a will, the executor will read it to determine who gets what. If there's no will, the person in charge (sometimes called the administrator) will have to look at state law (called 'intestate succession' statutes) to find out who the deceased person's heirs are.
• File the will (if any) in the local probate court. Generally, this step is required by law, even if no probate proceeding will be necessary. To learn more about this process, see Nolo's article Finding and Filing the Will.
• Handle day-to-day details. This may include terminating leases and credit cards, and notifying banks and government agencies -- such as the Social Security Administration, the post office, Medicare, and the Department of Veterans Affairs -- of the death.
• Set up an estate bank account. This account will hold money that is owed to the deceased person -- for example, paychecks or stock dividends.
• Use estate funds to pay continuing expenses. The executor may need to pay, for example, utility bills, mortgage payments, and homeowner's insurance premiums.
• Pay debts. If there is a probate proceeding, the executor must officially notify creditors of it, following the procedure set out by state law. For help with this process, see Nolo's eForm Notice to Creditor of Death.
• Pay taxes. A final income tax return must be filed, covering the period from the beginning of the tax year to the date of death. State and federal estate tax returns are required only for large estates.
• Supervise the distribution of the deceased person's property. The property will go to the people or organizations named in the will or those entitled to inherit under state law.

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To learn about these duties in more detail, and get step-by-step advice on how to wrap up an estate, read The Executor's Guide: Settling a Loved One's Estate or Trust, by Mary Randolph (Nolo). And to see everything Nolo has to offer when it comes to estates, executors, and probate, visit our Wills, Trusts & Probate Center.