An executor can secure estate assets, register the death, apply for probate, collect assets, pay debts, sell property (once probate is granted), and distribute the estate according to the will’s instructions, but they cannot change the will, act before being officially appointed, sell assets below fair market value without justification, use estate funds for personal benefit, or prevent beneficiaries from challenging their decisions.
The role of executor affects a substantial number of people across the UK, with over 300,000 individuals acting as executors in 2023 alone. Current data shows that 40% of wills appoint more than one executor, though this can complicate decision-making since all executors must agree on major decisions. Estate administration typically takes 9-12 months for straightforward cases, though complex estates can extend much longer. Remarkably, 87% of mediated inheritance disputes reach resolution, highlighting the importance of understanding executor powers and limitations to prevent conflicts that could otherwise escalate to court proceedings.
Table of Contents
What an Executor Can and Cannot Do?
The executor’s authority stems from their appointment in the will and formal recognition by the probate court. This legal framework grants them significant powers to manage the deceased’s affairs, but these powers come with strict limitations designed to protect beneficiaries’ interests.
Once appointed, executors assume a fiduciary duty – the highest standard of care under law – which means they must act solely in the beneficiaries’ best interests, not their own. This duty continues throughout the entire estate administration process and can result in personal liability if breached.
Â
| What Executors CAN Do | What Executors CANNOT Do | Legal Consequences |
|---|---|---|
| Secure property immediately after death | Change any provisions in the will | Protection of estate assets vs breach of fiduciary duty |
| Register death and arrange funeral | Act before being officially appointed | Required legal obligations vs unauthorized actions |
| Apply for probate and collect assets | Sell assets below fair market value | Estate administration duties vs beneficiary harm |
| Pay debts and distribute according to will | Use estate funds for personal benefit | Following testator’s wishes vs personal liability |
| Make necessary decisions for estate | Stop beneficiaries from contesting will | Acting in estate’s interests vs interference with rights |
This table illustrates the careful balance between executor authority and the protections built into the legal system for beneficiaries. The framework ensures estates are administered efficiently while preventing abuse of power that could harm those entitled to inherit.
Understanding these boundaries helps both executors and beneficiaries know what to expect during estate administration, reducing the likelihood of disputes that can delay distribution and increase costs for everyone involved.
Essential Tasks Executors Must Complete During Estate Administration
Executors face numerous mandatory tasks that must be completed in roughly chronological order, though some activities can overlap. These responsibilities begin immediately after death and continue until final distribution to beneficiaries.
The core tasks include:
Securing all property and assets belonging to the deceased
Registering the death with the local registry office
Locating and reviewing the original will document
Arranging funeral services if no other arrangements exist
Notifying banks, pension providers, and other financial institutions
Creating comprehensive inventories of all estate assets
Obtaining professional valuations for property and valuable items
Completing inheritance tax forms and paying any tax due
Applying for probate or letters of administration
Collecting all assets once probate is granted
Paying outstanding debts and final expenses
Distributing remaining assets according to the will’s instructions
These tasks can be overwhelming, particularly for family members already dealing with grief. The administrative burden explains why many people appoint professional executors or seek legal assistance for complex estates.
Can an Executor Act Before Probate is Granted?
Executors have limited authority before probate is granted, but they can and must take certain protective actions immediately after death to preserve the estate’s value.
Before probate, executors can:
Secure the deceased’s property by changing locks and ensuring adequate insurance
Register the death and arrange funeral services
Collect important documents needed for the probate application
Create inventories of estate contents (without removing items)
Begin the probate application process
Notify relevant organisations of the death
Â
However, they cannot:
Sell or distribute estate assets to beneficiaries
Access most bank accounts or investments
Transfer property ownership
Make final decisions about asset distribution
The question of whether you can empty a house before probate is particularly important here. While executors should secure the property and document its contents, they should not remove furniture or possessions until probate is granted, except for perishable items or documents needed for the application.
What Happens When Multiple Executors Disagree?
When multiple executors are appointed, they must make decisions unanimously on major estate matters. This requirement can create significant challenges when co-executors have different views about property sales, asset distribution, or timing of various actions.
Common sources of executor disagreement include:
Whether to sell property immediately or wait for better market conditions
How to value and distribute personal possessions
Whether to accept offers that seem below optimal value
Timeline for completing various administrative tasks
Which professionals to engage for valuations or legal advice
Resolution options for deadlocked executors include professional mediation, one executor renouncing their role, or court applications for directions. In extreme cases, courts can remove uncooperative executors who prevent estate administration from proceeding.
Kamal from Hastings experienced this challenge when his co-executor sister refused to agree to any property sale, despite mounting maintenance costs and approaching inheritance tax deadlines. “She kept insisting we could get more money if we waited, but the estate was bleeding cash every month,” he explains. After months of stalemate, Kamal contacted Property Saviour for an independent valuation and guaranteed purchase offer that finally convinced his sister to proceed. If you’re dealing with similar executor disputes that are delaying estate administration, we understand how frustrating these deadlocks can become and can provide professional, independent solutions that help families move forward together.
Can Executors Change the Will After Death?
No, executors cannot change the will after death. Their role is to carry out the deceased’s wishes as written, not to modify them based on changed circumstances or personal preferences.
The only way a will can be altered after death is through a deed of variation, which requires agreement from all affected beneficiaries within two years of death. However, this is initiated by beneficiaries, not executors, and only about 2% of wills are altered post-death according to recent statistics.
Any attempt by executors to modify will provisions can result in:
Personal liability for breach of fiduciary duty
Legal challenges from beneficiaries
Removal from the executor role
Potential claims for compensation
This restriction exists because executors’ job is to implement the deceased’s intentions, not substitute their own judgment about how assets should be distributed.
Reddit Insights: Real-World Executor Experiences
Online forums provide valuable insights into the practical challenges executors face beyond legal textbooks. These real experiences highlight common pitfalls and successful strategies.
One Reddit user described becoming executor after their grandfather meticulously arranged his affairs: “Despite the amicable relationship among everyone involved, the process still took about 12 to 18 months. This was largely due to the need to manage the sale of his condominium and other assets.” This emphasizes how even well-planned estates require significant time investment.
Another user warned about the emotional toll: “Being an executor comes with a certain level of authority, which can lead relatives to feel like they’re being shortchanged. Moreover, there can be varying interpretations of how assets should be divided, especially if those details aren’t clearly outlined in the will.”
At Property Saviour, we’ve observed that many executor challenges stem from the emotional pressure of making decisions that affect family members during an already difficult time. The fear of making wrong decisions or accusations of favouritism can paralyse decision-making, especially regarding property sales where market timing and pricing become contentious issues.
One particularly insightful Reddit comment noted: “Executors often have the added responsibility of settling any outstanding debts” while facing pressure from beneficiaries who want quick distribution. This tension between thorough administration and family expectations creates many of the conflicts we see in executor disputes.
The Financial Responsibility: Understanding Executor Liability
Executors can face personal financial liability if they fail to fulfil their duties properly or make decisions that harm the estate’s value. This potential liability explains why many people hesitate to accept executor appointments and why professional guidance is often valuable.
Key areas of executor liability include:
Selling assets below fair market value without justification
Failing to pay inheritance tax on time (resulting in penalties)
Distributing assets before paying legitimate debts
Not obtaining proper valuations for estate assets
Self-dealing or conflicts of interest
Failing to follow will instructions accurately
Executors who breach their duties may be required to compensate beneficiaries for losses, pay penalties from their own funds, or face removal from their role. This personal financial risk underscores the importance of acting carefully and seeking professional advice when uncertain.
When Property Sale Becomes Necessary?
Executors often face difficult decisions about when and how to sell inherited property, particularly when beneficiaries have different preferences or market conditions are challenging.
Property sales may be necessary to:
Pay inheritance tax due within six months of death
Settle estate debts and administrative expenses
Provide liquid assets for distribution to beneficiaries
Avoid ongoing maintenance costs for empty properties
Comply with will instructions requiring property sale
Louise from Brighton faced this dilemma when inheriting her aunt’s cottage alongside three cousins who couldn’t agree on whether to keep it as a holiday home or sell for individual inheritances. “The maintenance costs were mounting, insurance was expensive, and none of us lived nearby enough to properly manage it,” she recalls. When traditional estate agents suggested the property might take 6-12 months to sell, Louise contacted Property Saviour for a guaranteed purchase that satisfied all parties with fair value and swift completion.
We understand that executor property decisions often involve balancing emotional attachments, practical considerations, and financial obligations. When you need to sell inherited property quickly and fairly, our service provides the certainty that allows executors to fulfil their duties without ongoing family stress or mounting property costs.
Why Choose Us Over Estate Agents for Your Inherited Property Sale?
Being an executor or inheriting property shouldn’t feel like a punishment, but that’s exactly what happens when you get caught up with traditional estate agents. They’ll take your money upfront, stick a board outside, and then spend months telling you why your property isn’t selling – the market’s tough, it needs work, the price is wrong, buyers are difficult. Meanwhile, you’re paying insurance, council tax, and maintenance on an empty property while nothing actually happens.
Here’s what makes us different: we actually solve your problem instead of just talking about it. When Property Saviour makes you an offer, that’s it – we’re committed. No chains, no mortgage approvals to fall through, no surveys that suddenly reveal “problems” that knock thousands off the price. We buy properties in any condition, which means you don’t need to spend your inheritance fixing someone else’s house before you can sell it.
Estate agents work on commission – they only get paid if they can find someone willing and able to buy your property. We’re not agents, we’re buyers. We have the cash ready and can complete in days, not months. No marketing period, no viewings with strangers tramping through your family home, no waiting around wondering if today’s the day someone might make an offer.
The emotional side matters too. We know that inherited property often comes with complicated feelings, family dynamics, and pressure to make decisions while you’re still grieving. That’s why we don’t play games with pricing or drag things out unnecessarily. Fair offer, quick completion, job done.
Had enough of the uncertainty? Stop letting estate agents waste your time and money. Give us a call and find out what it’s like to work with people who actually want to buy your property, not just talk about maybe possibly finding someone else who might.
Sell With Certainty & Speed
Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers. There are no surveys.
- We always provide proof of funds with every formal offer issued.
We'll Pay £1,500 Towards Your Legal Fees
- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.Â
- If you don’t have one, we can ask our solicitors for recommendations.
- We share our solicitor’s details and issue a Memorandum of Sale.Â
Sell With Certainty & Speed
- Our approach is transparent and ethical, which is why sellers trust us.
- 100% Discretion guaranteed.Â
- If you have another buyer, you can put us in a contracts race to see who completes first.
- Complete in 10 days or at a timescale that works for you. You are in control.
