Your executor is the person who carries out your will: they collect what you own, pay what you owe and pass the rest to the people you named. Choose someone you trust, who is organised, willing to do the work and likely to outlive you, then name a replacement in case they cannot act. This guide explains who can be an executor, how many to appoint, what to do about beneficiaries, guardians and backups, and how to make the job easier for whoever takes it on.
TL;DR
- Almost anyone aged 18 or over can be an executor: a relative, a friend or a professional. You do not need family.
- Name two executors if you can. In England and Wales, probate cannot be granted to more than four people for the same part of an estate.
- An executor can also be a beneficiary. That is very common, but they must not witness your will.
- Always name a substitute executor, and ask people before you name them. Being named does not force anyone to act.
- Guardians for your children are a separate appointment from executors, though the same adult can be both.
What an executor actually does
It helps to picture the job before you pick a person. Citizens Advice describes the work as collecting the assets, handling the paperwork, paying debts, tax, funeral and administration costs, and then transferring gifts or property to the people who inherit.
In practice, Citizens Advice says an executor may need to:
- Find the financial records.
- Value the assets and the debts.
- Work out and pay any Inheritance Tax.
- Apply for probate and file the HMRC paperwork.
- Collect the money owed to the estate and pay the expenses.
- Share out what is left.
The Law Society explains that a grant of probate is what gives an executor legal authority in England and Wales to deal with the deceased person’s property, money and possessions.
None of this is impossible for a sensible adult, but it is real work, often done while grieving. That is the main test when you choose: not who you love most, but who can cope with this.
Who can be an executor?
MoneyHelper says that almost anyone aged 18 or over when applying for probate can be an executor, including a close friend or a professional. Citizens Advice lists the usual options:
- relatives
- friends
- solicitors
- accountants
- banks
- the Public Trustee
- in some cases, the Official Solicitor
So the legal bar is low. The practical bar is higher, and that is where your decision really lies.
How to choose: what to look for
There is no single “best” executor. There is the best person for your estate. Work through these questions for each candidate.
| Question | Why it matters |
|---|---|
| Do you trust them to follow your wishes? | They will have control of everything you own until it is shared out. |
| Are they organised and comfortable with paperwork? | Forms, letters, valuations and deadlines make up most of the job. |
| Can they handle disagreements fairly? | Families can fall out over an estate, and the executor sits in the middle. |
| Do they have the time? | Administering an estate can take many months, alongside their own job and family. |
| Are they likely to outlive you? | A much older executor may not be able to act when needed. |
| Do they live reasonably close, or can they work remotely? | Property, post and paperwork may need dealing with in person. |
| Have you asked them? | The role carries considerable responsibility, and Citizens Advice recommends asking first. |
MoneyHelper’s guidance points to the same qualities: someone you trust to follow your wishes and deal with disagreements fairly, ideally organised and at ease with paperwork.
Be honest about complexity
A simple estate, such as a home, a couple of bank accounts and a pension, suits a capable friend or relative. A complicated one is different. If you own a business, have property in several places, expect a large Inheritance Tax bill or have a blended family with competing claims, consider pairing a family member with a professional such as a solicitor or accountant. You can find one through our adviser directory.
Ask before you name
HMRC’s guidance says that naming someone as executor is only an invitation to act. There is no obligation to accept, but an executor who does accept takes on the potentially onerous duties of the office.
That is a good reason to have the conversation now. Tell them what the role involves, where your documents are and roughly what your estate looks like. Someone who says yes with open eyes is far more likely to do a good job than someone who finds out after your death.
How many executors can you have?
The rules differ slightly between what you can name and what the court will approve.
- In your will: there is no limit on the number you can name. HMRC’s manual confirms this, noting that outside Scotland no more than four can receive the grant.
- For the grant: under the Senior Courts Act 1981, in England and Wales probate or administration cannot be granted to more than four people for the same part of an estate.
- As a practical limit: MoneyHelper says you can appoint up to four executors, and that is the number most guides work to.
One, two or four?
One executor is simple, but if they die or decline, everything depends on your backup. Two is usually the sensible number: one can carry on if the other dies or cannot act, and they can share the workload. Four can work for large families, but more people means more signatures and more scope for disagreement.
There is one case where two is not just sensible but needed. HMRC’s manual notes that at least two are needed if a beneficiary is under 18 or the will includes a trust. If you are leaving money to young children, plan on at least two people.
If you want everyone in a large family to feel included, naming extra people is not the answer. Four executors is the ceiling for the grant, so choose the most capable people and explain your reasons in a letter alongside the will.
Can an executor also be a beneficiary?
Yes. MoneyHelper says there is no rule against it, and that it is very common. A surviving spouse is often both the main beneficiary and the executor.
Two cautions:
- Do not let them witness your will. MoneyHelper is clear that a person who is to benefit from the will must not witness it. Ask two independent adults instead.
- Think about conflicts. If one child is executor and another is not, make sure the split is clear in your will, and tell both what you have decided and why. An executor who is also a beneficiary must still act in the interests of the whole estate.
Name a replacement executor
People die, fall ill, move abroad or simply change their minds. A substitute executor is your safety net. MoneyHelper says you can name substitute executors as a backup if an intended executor dies or declines.
Write the substitute into the will itself, so that it is clear who steps in and when. Review it whenever your life changes: a divorce, a death in the family or a falling-out are all good prompts.
What happens if your executor does not want to act?
GOV.UK sets out three options for a named executor who does not want to act in England and Wales:
- Renounce, permanently, using form PA15.
- Reserve power, which keeps the right to apply later.
- Appoint someone else to apply on their behalf, in specified circumstances, using form PA11.
Under the Administration of Estates Act 1925, an executor’s rights also end if they renounce probate, fail to appear when cited, or die before taking probate. If one of two executors falls away, the other carries on. If your named substitute is in the will, they can step in.
If every executor falls away
HMRC says that if all the named executors die before you, or none is willing or able to act, the court appoints an administrator to deal with the estate according to the will. In Scotland the equivalent is an executor-dative. It works, but it adds delay and cost, and you have no say in who it is.
Executors and guardians are different roles
If you have children under 18, your will can also name guardians. They are not the same thing:
- The executor administers your estate: money, property and possessions.
- The guardian looks after your children and makes or supports decisions about their care.
Citizens Advice says a guardian should be named when you want someone to look after children under 18, and treats this as a separate consideration from naming executors. LexisNexis guidance likewise describes testamentary guardianship as a distinct legal role.
The same adult can generally hold both roles, and for many families that is simple and sensible. But think about whether it is wise. The best carer for your children may not be the best administrator, and the other way round. Splitting the roles means each person plays to their strengths, and the executor and guardian can check each other. If the two people are different, make sure they know each other and agree how money for the children’s upkeep will reach the guardian.
Do not name a child as your sole executor. The law deals with that by letting the court choose someone to administer the estate until the child is old enough, as the Administration of Estates Act 1925 provides, which is not what you intended.
If you have no family
You are not stuck. As MoneyHelper confirms, a close friend or a professional can act. Options include:
- A trusted friend, ideally younger than you, with a replacement named.
- A solicitor or accountant, who will charge fees, so ask for their terms in writing.
- The Public Trustee, a last resort. GOV.UK says it may be appointed where no suitable person is willing and able to act, or where a vulnerable beneficiary needs protection. It is not suitable where administering the estate involves managing a business or where the estate is insolvent.
The Public Trustee service applies in England and Wales, so if you live in Scotland or Northern Ireland, ask a local solicitor about the equivalent.
What if you do not appoint an executor?
You can still make a will without one, but it creates problems for the people you leave behind. Under the Administration of Estates Act 1925, where there is no executor able to obtain probate, the estate covered by the will passes temporarily to the Public Trustee until someone is formally given authority. Someone, often a relative, then has to apply to the court, which takes time. Naming executors costs nothing and avoids all of it.
Our view: the executor’s real problem is information
When we talk to executors, the hardest part is rarely the law. It is not knowing what exists. Where are the bank accounts? Which pension schemes? Is there an old insurance policy, a share in a small company, a property bought years ago? Forgotten assets mean losses for the family, and the executor spends weeks searching.
So our advice on choosing an executor has two halves. First, pick someone you trust and who is willing, with a replacement behind them. Second, give them what they need. A list of assets in a drawer goes out of date quickly. Passwords on paper are a risk. We built WillFull so that your estate record can stay up to date and your executor can see everything in one place, with no reliance on paper or shared passwords.
A good executor with poor information still struggles. An ordinary executor with good information usually copes well.
— the WillFull team
Make the will, and make the job easier
Once you have decided who to name, you can write your will with us for free, answering plain-English questions step by step. If you want your estate details kept current and ready for your executor, the Will + Connected estate plan is £9.99 per month, and you can start with a 30-day free trial. Make your will and name your executors in one sitting.
The Connected estate keeps your property, accounts, pensions, insurance, business interests and digital assets in one place. It can look up property details from HM Land Registry and company details from Companies House, and it estimates Inheritance Tax as your figures change. Your executor then gets step-by-step guidance for probate and for sharing out the estate.
If you are an executor and there is no active plan, we offer Connected estate access for executors for a one-off £200.
Before you finalise: a short checklist
- List two or three candidates and score them against the table above.
- Speak to each one and explain what the role involves.
- Decide how many to name, remembering the limit of four for the grant in England and Wales.
- Name at least one substitute executor.
- Decide separately on guardians if you have children under 18.
- Choose two independent witnesses who will not benefit from the will.
- Tell your executors where the will is kept and how they can find your records.
- Review your choices after any major life change.
FAQ
Who is the best person to be executor of my will?
The best person is someone you trust, who is organised, willing and likely to outlive you. That might be a spouse, an adult child, a friend or a professional. For a complicated estate, consider pairing a family member with a solicitor or accountant.
Can an executor be a beneficiary in the UK?
Yes, and it is very common. The only firm caution is that anyone who benefits under the will must not act as one of its witnesses. Be clear in the will how the estate is shared, so that an executor who also inherits is not accused of favouring themselves.
How many executors can you have?
There is no limit on how many you can name, but outside Scotland no more than four can receive the grant. Two is a sensible choice for most people. You need at least two if a beneficiary is under 18 or your will includes a trust.
What happens if my executor dies before me?
If you named more than one, the others carry on. If you named a substitute executor, they step in. If nobody is left who can act, the court appoints an administrator to deal with the estate in line with your will. Review your will regularly so that this does not catch you out.
Can I choose a solicitor as my executor?
Yes. Citizens Advice lists solicitors, accountants and banks among the people who can act. They bring experience, but they charge fees from the estate, so ask for their terms before you name them.
Sources
- How to choose the executor of your will, MoneyHelper
- Making a will, Citizens Advice
- Dealing with the financial affairs of someone who has died, Citizens Advice
- Dealing with someone’s affairs when they die, The Law Society
- TSEM6039, HMRC Trusts, Settlements and Estates Manual
- IHTM05012, HMRC Inheritance Tax Manual
- Senior Courts Act 1981, section 114
- Applying for probate: if there’s a will, GOV.UK
- Administration of Estates Act 1925, section 5
- Administration of Estates Act 1925, Part II
- Administration of Estates Act 1925, Part II (as enacted)
- Appoint the Public Trustee as executor of your estate, GOV.UK
- Wills: appointing and replacing executors, trustees and guardians, LexisNexis