

If you have been named as an executor in a will or you are an administrator of an estate intestate, your role becomes essential following the death of a loved one. This period can be emotionally challenging, and dealing with the deceased’s estate may add to the confusion. This guide aims to clarify the key responsibilities of an executor or administrator during the probate process. Please note that these responsibilities can vary with each estate, and complexities may arise that require professional legal advice.
Who is an Executor or Administrator?
An executor is an individual appointed under a will to manage the estate of the deceased, ensuring that their wishes, as expressed in the will, are carried out. This usually involves obtaining a “Grant of Probate,” which legally authorises the executor to administer the estate.
An administrator of a will is a person appointed by a court to manage and distribute the estate of someone who has died without a valid will (intestate) or when the named executor in the will is unable or unwilling to act.
For estates
Executor or Administrators Responsibilities
The role involves managing the deceased person's assets, paying off any debts or liabilities, and distributing the estate to the beneficiaries named in the will. The executor or administrator is legally authorised to act on behalf of the deceased person's estate and has the power to make decisions regarding the administration of the estate.
In addition to managing the financial aspects of the estate, they may also need to handle practical matters such as notifying relevant parties, collecting and valuing assets, and preparing necessary documentation for the probate process. The executor or administrator needs to act responsibly, honestly, and in the best interests of the estate and its beneficiaries.
Being an executor or administrator can be challenging and time-consuming, as it involves navigating legal requirements, financial matters, and potential disputes among beneficiaries. They needs to have a clear understanding of their duties and obligations, seek professional advice if needed, and communicate effectively with all parties involved to ensure a smooth and efficient administration of the estate.
Renouncing Executorship
Decision to Act: If an appointed executor chooses not to act, they can renounce the executorship. However, once they take on the role, they cannot renounce it without a Court Order. Legal advice should be sought to understand the implications and determine who will administer the estate.