Being named an executor comes with serious legal responsibilities.
If you're unsure what you are actually required to do, this checklist is designed for you.
It focuses specifically on the legal duties executors must carry out under UK law, rather than every possible task involved in probate.
This executor duties checklist will guide you through your legal responsibilities.
Understanding your legal obligations as an executor is key to protecting both the estate and yourself.
This executor duties checklist outlines the core responsibilities, such as applying for probate, valuing assets, paying debts, and distributing the estate.
It does not cover optional or family-led tasks like funeral arrangements or household admin.
For a broader overview of the full probate process, see the page: probate checklist.

Disclaimer: This checklist is for general guidance only and does not constitute legal advice. For personalised support, please consult a qualified solicitor.
Insuristic can help you arrange a free initial consultation with a solicitor, whether you have started the work or not, visit our find a probate solicitor for details.
To get the most from this executor duties checklist, we recommend reading it in order, from registering the death through to final distribution. Each section covers a key part of the process.
You can return to this page at any time and click on the section title that matches where you are in the journey or what you need help with next.
Ensure the death is registered within five days (or eight in Scotland) at the local register office.
You’ll need to provide the medical certificate of cause of death and some personal details about the deceased. Obtain several certified copies of the death certificate.
Why:
This is often the first step an executor faces, sometimes while still in shock or grieving. It’s okay to ask a family member to help with practicalities if needed.
Registering the death is the first legal step in the probate process and provides the documentation needed to access bank accounts, pensions, and insurance. Executors must ensure this is completed, even if another family member carries it out.
Useful links:
What you need to do:
While this can feel clinical at a time of loss, insuring the estate is a legal responsibility—and also a way to protect sentimental belongings from avoidable damage.
Take immediate steps to secure and insure any property owned by the deceased:
Why:
Executors are legally responsible for preserving the estate’s value. If you fail to take reasonable precautions—especially with property, you may be held personally liable for any resulting financial loss. This duty begins as soon as you accept your role.
Get a Quote:
Probate Property Insurance – designed by Insuristic specifically to help personal representatives buy broad cover to protect their liability.
Useful links:
What you need to do:
Find the most recent valid will and any codicils. These may be stored at the deceased’s home, with a solicitor, bank, or a professional will storage provider. If a will cannot be located, conduct a search via the National Will Register to confirm whether a registered version exists.
If no valid will is found, the estate must be administered under the rules of intestacy. Where the family tree is unclear or potentially incomplete, you may need to instruct a probate genealogist to trace and verify all entitled relatives.
Why:
The will determines who has legal authority to administer the estate and how assets are distributed. Without a will, intestacy rules set out a fixed hierarchy of inheritance. Executors (or administrators) have a legal duty to identify all rightful beneficiaries, and failure to do so can result in personal liability.
Engaging a probate genealogist is often a prerequisite for missing beneficiary insurance, especially if:
Useful links:
What you need to do:
Compile a full list of the deceased’s assets and liabilities. This includes:
Property (residential, rental, or overseas)
Bank accounts and savings
Pensions and life insurance
Investments and shares
Vehicles, jewellery, and personal belongings
Debts, mortgages, loans, and outstanding bills
Request formal valuations for property, investments, and high-value items. Keep written records of how each value was obtained and ensure documentation is clear, dated, and ready for audit.
Why:
Accurate valuations are a legal requirement when completing Inheritance Tax forms and applying for probate. They also determine how the estate is distributed.
Incorrect or estimated values can create serious risks for executors:
Over- or under-paying Inheritance Tax
Providing false information to HMRC or the probate registry
Disputes with beneficiaries over fairness or omissions
Personal liability if incorrect distributions must be reversed
Having to restart the probate process - at your own expense, if valuations are later found to be inaccurate or incomplete
Executors are responsible for ensuring all valuations are as accurate as reasonably possible and reflect market value at the date of death.
Useful Links
The good news is you can make this process quicker, easier, and usually for free, using the tools below:
Valuing an estate – GOV.UK - Official government guidance on valuing different types of assets for probate and tax.
Gretel - Free asset tracing - Find lost bank accounts, pensions, unclaimed life insurance, investments and shares at no cost.
How to get a Free Deceased credit report - Request a credit report on the deceased from either Experian or Equifax to uncover any unknown accounts or debts.
What you need to do:
Apply for a Grant of Probate (if there’s a will) or Letters of Administration (if there isn’t). This gives you the legal authority to manage the estate.
Applications can be made online or by post through HMCTS.
Why:
Without the grant, you cannot access the deceased’s assets, close accounts, or sell property. This is a key legal step in the administration process.
Useful links:
What you need to do:
Determine whether Inheritance Tax (IHT) is due. If it is, complete the relevant forms—typically IHT205 for simpler estates or IHT400 for more complex cases—and pay the tax due within six months of the date of death.
You must also:
Account for lifetime gifts made within seven years
Apply any exemptions or reliefs correctly (e.g. spouse exemption, nil rate band, residence nil rate band)
Pay at least part of the tax before probate will be granted
Why:
This is one of the most high-risk duties for executors. Unlike other liabilities, mistakes in calculating or paying Inheritance Tax are not insurable, you cannot take out cover to protect yourself against getting it wrong. However, if a qualified accountant completes the calculations, they will carry professional indemnity insurance for any errors they make.
If you underpay or provide incorrect information to HMRC, you could:
Be held personally liable for the shortfall
Incur penalties and interest
Delay the probate process or risk rejection of your application
For complex estates or if you're in any doubt, seek support from an accountant with specific probate experience.
Useful links:
Find a Qualified Probate Accountant on the ICAEW Probate Register. This register helps you locate accountants authorised to handle probate and estate accounts, giving you additional protection and peace of mind.
What you need to do:
Once probate is granted, send copies of the Grant of Probate (or Letters of Administration) to all banks, investment providers, and asset holders to request closure of accounts and release of funds.
Transfer all money into a dedicated executor or estate account—this should not be your personal account. Executor accounts are specifically designed to help you administer funds safely and transparently.
Why:
You must collect and safeguard the estate’s assets before paying any debts or making distributions. Using a personal account increases the risk of:
Misunderstandings with beneficiaries
Claims of financial mismanagement
Difficulty proving proper administration
Personal liability if funds are misused or records are unclear
Using an executor account is a simple but effective risk management step that protects you and helps demonstrate compliance with your legal duties.
Useful links:
You can usually open an executor account through your own bank, but these can take time and may involve delays. For a faster setup, consider using a specialist provider:
These accounts are designed specifically for personal representatives, offering dedicated tools to help you manage and track estate funds professionally.
What you need to do:
Identify and settle all outstanding debts in the deceased’s name. This includes:
Mortgages and secured loans
Credit cards, utility bills, and personal loans
Final income tax returns and any HMRC liabilities
Care home or nursing fees, if applicable
Traditionally, executors were advised to place Section 27 notices in The Gazette and local newspapers to protect against unknown creditors. However, this can delay estate distribution by two months or more and add unnecessary cost.
A more modern—and often better—alternative is to:
Obtain a free deceased credit report to identify known liabilities
Once probate is granted, arrange Section 27 Insurance to protect against unknown or future claims. For estates under £500,000, this is usually more cost-effective and offers broader protection for personal representatives and beneficiaries.
Why:
Executors are legally responsible for settling all valid debts before distributing the estate. Failing to do so could result in personal liability for unpaid debts—even after the estate has been passed on.
Section 27 Insurance offers faster, insured protection without delaying administration.
Useful links:
What you need to do:
Keep clear and detailed estate accounts showing:
All money received and spent
Asset sales and income earned
Final distribution to each beneficiary
Include supporting documentation such as invoices, receipts, bank statements, and correspondence.
Why:
Executors must be able to account for every financial transaction made on behalf of the estate. You may be asked to provide records to beneficiaries, HMRC, or the probate registry.
Accurate records:
Reduce the risk of disputes or claims of mismanagement
Demonstrate your compliance with legal duties
Protect you in the event of an audit or challenge
For larger or more complex estates, it's sensible to involve a qualified accountant, they can prepare professional estate accounts and help you avoid costly errors.
Useful Links:
What you need to do:
Before distributing the estate, assess whether legal indemnity insurance is needed to protect against unknown or future claims.
These policies cover the most common post-distribution risks, with indemnity limits that include legal expenses and awards to third parties. Because future claims can exceed the estate’s original value, it’s often wise to select a higher indemnity amount to avoid underinsurance.
Insuristic policies include a built-in escalator clause, automatically increasing the level of cover annually for 10 years—providing long-term protection as asset values rise.
These policies can be purchased as an estate expense and arranged before final distribution. They protect both personal representatives and beneficiaries from future legal and financial claims.
Why:
As a personal representative, you carry a lifetime legal liability for the decisions you make during probate. If a challenge arises after you’ve distributed the estate, you could be personally liable—even years later.
Insuristic offers legal indemnity insurance that:
Runs in perpetuity—cover never expires.
Has no excess to pay if there’s a claim.
Protects all PRs and beneficiaries under one policy.
Allows you to close the estate confidently and move on.
Useful links:
Executor Insurance Guide – Insuristic
What you need to do:
Once all debts, taxes, and potential risks have been fully addressed, distribute the estate’s assets to beneficiaries in line with the will or the rules of intestacy.
Before releasing funds or transferring property:
Why:
This is your final and most visible act as a personal representative, but it carries serious risks.
If you distribute too early, overlook a debt, or miss a beneficiary, you will be personally liable. In some cases, executors have had to repay thousands of pounds from their own finances.
That’s why it is strongly recommended to put legal indemnity insurance in place before distributing the estate. It protects you from future claims and gives both you and the beneficiaries peace of mind.
What you need to do:
Store all estate records in a secure and accessible format for at least 12 years. This includes:
Estate accounts
Asset and liability valuations
Copies of the will and Grant of Probate
Tax returns and HMRC correspondence
Beneficiary communications and payment confirmations
Insurance policies and risk searches
Receipts, invoices, and professional advice
Why:
Your duty as an executor doesn’t end when the estate is distributed. If a claim, audit, or dispute arises years later, these records are your legal protection.
HMRC or beneficiaries may request evidence of your decisions
Insurers will need documentation if a legal indemnity claim is made
Clear records reduce your risk of personal liability and support your defence if challenged
Good record-keeping is one of the simplest ways to protect yourself, both legally and financially—as an executor.
The executor’s role includes registering the death, securing estate assets, applying for probate, settling taxes, and distributing the estate to beneficiaries. These are not just practical steps, they are legal obligations with consequences if mishandled.
This executor duties checklist outlines 12 essential steps that form the core of your responsibilities under UK law. If you’re looking for a more comprehensive view of probate, including risk management and non-legal tasks, refer to our probate checklist.
Bookmark this executor duties checklist or share it with a co-executor.
Disclaimer: This checklist is for general guidance only and does not constitute legal advice. For personalised support, please consult a qualified solicitor.
Insuristic can help you arrange a free initial consultation, visit our find a probate solicitor for details.
As an executor or administrator, you can be personally liable for defending claims and covering losses if you don’t have Probate Insurance, even when the claim is made against the estate, not directly against you.
Contentious probate isn’t limited to courtroom battles; it often begins with disagreements over who inherits, how the estate is handled, or whether the Will is valid.
These situations may involve someone being left out of the Will, a dispute over how much someone should receive, concerns about how the Will was created, or confusion when no Will exists. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are particularly common.
Such disputes can delay the probate process, increase costs, and expose executors to personal liability. It’s far better to identify and address potential risks early, before they escalate.
They’ll assess your situation, confirm whether a claim is unlikely (which may help you qualify for Early Distribution Insurance), or provide expert guidance on how to protect both yourself and the estate from risk.
Probate Insurance can help protect against:

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Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.