What Does an Executor Actually Have to Do Before Distributing an Estate?

Being named as an executor in a will does not simply mean handing money and property to beneficiaries.

An executor has an important legal role in administering the deceased person's estate. There can be several steps to complete before assets can safely be distributed.

Find the will

The first step is usually to locate the deceased's original will and confirm who has been appointed as executor.

GOV.UK states that an executor named in a will can apply for probate and that the original will is normally required for the application.

Identify the estate's assets and debts

The executor needs to establish what the deceased owned and what they owed.

This may include:

Bank accounts

Investments

Property

Vehicles

Personal possessions

Pensions and death benefits

Life insurance

Loans

Credit cards

Mortgages

Household bills

Tax liabilities

The estate may be more complicated than it initially appears.

Establish whether probate is required

Probate gives the personal representative the legal authority to deal with the deceased's property, money and possessions in appropriate cases. The executor may need to apply for a Grant of Probate before organisations will release certain assets.

Deal with Inheritance Tax

Before applying for probate, the estate generally needs to be valued for Inheritance Tax purposes.

GOV.UK explains that some estates require full details to be reported to HMRC using form IHT400, while others may qualify as excepted estates. Where Inheritance Tax is due, payment arrangements may need to be addressed before probate is granted.

Pay debts and expenses

An executor should not normally distribute the estate simply because beneficiaries are waiting for their inheritance.

Outstanding liabilities need to be identified and dealt with. Funeral expenses, debts, taxes and administration costs can all affect what is ultimately available to beneficiaries.

Distribute the estate

Once the estate has been properly administered, the executor can distribute assets according to the will.

The executor should keep appropriate records showing what assets were collected, what liabilities were paid and what beneficiaries received.

What if there is a dispute?

If there is a dispute about the will, debts, beneficiaries or the administration of the estate, distribution may need to be delayed until the issue is resolved.

An executor should not ignore a potential claim simply because the will appears straightforward.

Conclusion

An executor's job involves much more than obtaining probate and handing out inheritance.

They may need to identify assets, value the estate, deal with tax, settle debts, obtain probate, keep records and distribute the remaining estate correctly.

Disclaimer: This article is for general information only and is not legal advice. Every case depends on its own facts and the law may change. You should not rely on this article as a substitute for obtaining independent legal advice.

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