10 Wills and Probate
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5. What does an executor or administrator do?
The executors are the people appointed in a will to deal with the estate of the person who has died. An administrator is the person who deals with the estate of a person who has died intestate (without a will). The executor or administrator may both be called a 'personal representative'.
If a person has died leaving a valid will, the executors can normally arrange the funeral straight away. However, there may be a delay, depending on how the person died.
The executors can also take charge of the house and possessions of the person who has died unless it passes automatically to a joint owner (for example, the person's living husband or wife). But if there is a will, they must follow what it says.
The executors must then work out whether they need to apply for probate. (See 'What is probate?' above.)
If there is (or could be) inheritance tax to pay, the executors must report the value of the estate to the Capital Taxes Office. (See 'Will I have to pay inheritance tax?' below). Even if the executors believe there is no inheritance tax to pay, they must complete a form giving details of the assets and certain gifts made by the person who died.
The executors may have to deal with claims about unfair treatment if a relative or someone who is a dependant of the person who has died thinks that what they have been left in the will isn't fair, or that they have been left out unfairly (see 'What can I do if I think the will is unfair?' below).
If you are an administrator acting where there is no will and you handle all the matters personally (rather than using a solicitor), you will be personally liable (responsible) if you don't follow the 'rules of entitlement' (the rules governing who gets what) correctly. For example, you cannot give more to someone the dead person liked, or refuse to pay the correct share to someone the dead person disliked, even if the dead person had discussed this before they died.
7. Will I have to pay inheritance tax?
8. Who takes charge if there is no will?
9. Who gets the estate if there is no will?
10. What can I do if I think there is something wrong with the will?
11. What can I do if I think the will is unfair?
12. What if there isn´t enough money to pay for the funeral?
13. What if there isn´t enough money to pay the person´s debts?
14. Terms used in wills and probate matters
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Paul Elmhirst, a solicitor specialising in wills and probate.
Leaflet version: July 2007