Your friend or family member has died and you are an executor for their estate. But what does an executor do?
The executor or administrator is the legal representative of the estate. This means that you, and anyone else named as executor, are legally responsible for administering the estate per the last will and testament of the person who died. This means collecting the money, paying debts and ensuring that the beneficiaries receive their share per the Will.
The last thing you may want to do when a loved one dies is go through their papers, but as an executor, that’s exactly what you need to do. The process can be daunting and confusing, but it’s also important that you do it, and the sooner you start it, the better.
It is important to know what paperwork is required for processing probate in the UK. “Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die.”
As the executor of the will, you will need to assemble:
- The original will – do not separate pages. They should be stapled or otherwise fixed together when you find it.
- Death certificate – you will need to register the death if a family member hasn’t. When you do, get at least 5 certified copies too, as each institution like the bank, building society, credit card company, mobile phone company etc.. that you need to tell will want to see the original or a certified copy before they can update their records
- Arrange the funeral / celebration of life. Check the Will or The Little Workbook of Life for the deceased as they may have outlined their funeral wishes
- Tell key organisations about the death
- Pull together a comprehensive list of all property, cash and other assets owned; as well as debts outstanding (think credit cards, loans, mortgages)
- Pay Inheritance Tax if due
- Apply for a Grant of Probate
There is a great in-depth article for executors in England here
If you’re an executor in Scotland, I recommend reading this