How long does probate take in the UK?

The grant of probate typically takes eight to twelve weeks from application. The full estate administration process can take six months to over a year, depending on complexity, property sales and tax clearances.

Can I be an executor and a beneficiary?

Yes. It is very common for a beneficiary to also be named as an executor. There is no legal prohibition, though the executor must still act impartially in the interests of all beneficiaries.

Do I have to accept the role of executor?

No. You can renounce the role by filing a Form PA15 with the Probate Registry before you have intermeddled in the estate. Once you begin acting, renunciation is no longer possible without court permission.

What is the executor’s year?

The executor’s year is the first twelve months after the date of death, during which beneficiaries cannot normally compel the executor to distribute. It allows time for proper administration.

Am I personally liable for the deceased’s debts?

No. An executor is not personally liable for the deceased’s debts from their own funds. However, you may be personally liable if you distribute estate assets to beneficiaries before paying known debts.

Do I need a solicitor to act as executor?

For simple UK estates, our checklist and the government probate service provide sufficient guidance. For estates involving IHT, trusts, foreign assets or disputes in England and Wales, professional legal advice from a British solicitor is strongly recommended.

Can an executor charge fees?

A UK lay executor is not entitled to charge for their time unless the will specifically authorises remuneration in England and Wales. Professional British executors such as solicitors or trust companies may charge reasonable fees.

What happens if there is no will?

If there is no will, the UK estate is distributed under the intestacy rules set out in the Administration of Estates Act 1925. An administrator rather than an executor is appointed. They must apply for letters of administration and follow the statutory order of entitlement under English law. The United Kingdom government's official probate guidance provides full details for intestate British estates.

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Free Executor Checklist Template

An executor checklist guides you through the key tasks of administering an estate, from registering the death to distributing assets. Use our free UK template to keep track of your responsibilities and ensure nothing is missed.

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EXECUTOR'S ADMINISTRATION CHECKLIST AND RECORD

Administration Of Estates Act 1925 · Non-contentious Probate Rules 1987 · IHTA 1984 · England And Wales

DECEASED

FULL NAME	Lillian Grace Ashworth
DATE OF DEATH	2025-12-10
DATE OF BIRTH	1938-04-22
LAST KNOWN ADDRESS	14 Rosemary Lane, Cheltenham, Gloucestershire, GL50 2AH
MARITAL STATUS AT DEATH	Widowed
NHS NUMBER	485 777 3456
DEATH CERTIFICATE NO.	DN-2025-1210-047

PERSONAL REPRESENTATIVE 1

FULL NAME	Andrew James Ashworth
CAPACITY	Executor named in the Will
ADDRESS	22 Birchwood Close, Cheltenham, GL52 6PJ
PHONE	01242 567890
EMAIL	andrew.ashworth@email.co.uk

PERSONAL REPRESENTATIVE 2

FULL NAME	Margaret Louise Ashworth
CAPACITY	Executor named in the Will
ADDRESS	9 Willow Court, Oxford, OX2 7HN
EMAIL	margaret.ashworth@email.co.uk

WILL AND PROBATE

SUCCESSION	Testate (Will)
WILL DATED	2020-09-15
CODICILS	None
GRANT TYPE	Grant of Probate (testate, executor applying)
SOLICITOR / FIRM	Harrington and Cole LLP, Cheltenham
SOLICITOR REFERENCE	HandC/AJA/2026/112

IHT, ESTATE VALUE AND NOTICES

ESTATE VALUE BAND	Above combined NRB and RNRB
IHT ACCOUNT	IHT400 full IHT return + IHT421 probate summary
IHT PAYABLE	Yes
NRB TRANSFER (FORM IHT402)	Claimed (Form IHT402)
RNRB (FORM IHT435)	Claimed (Form IHT435 / IHT436)
IHT PAYMENT DUE DATE	2026-06-30
STATUTORY NOTICE (TRUSTEE ACT 1925 S.27)	To be placed (London Gazette + local paper)
ADVERTISING DATE	2026-04-20
TRS REGISTRATION (FINANCE ACT 2006)	Not required

REAL PROPERTY IN ESTATE

REAL PROPERTY INCLUDED	Yes
DETAILS	14 Rosemary Lane, Cheltenham, GL50 2AH (freehold, estimated value 380,000 GBP)
LAND REGISTRY TITLE	GR-123456
ASSENT (AEA 1925 S.36)	Required to vest legal estate in beneficiary (Form AS1 / AP1)

This administration record is prepared by Andrew James Ashworth as Executor named in the Will (acting jointly with Margaret Louise Ashworth) in the estate of the late Lillian Grace Ashworth, who died on 2025-12-10, late of 14 Rosemary Lane, Cheltenham, Gloucestershire, GL50 2AH. This is a working record, not legal advice. Personal representatives owe fiduciary duties under the Administration of Estates Act 1925, the Trustee Act 2000, and (where applicable) the Non-Contentious Probate Rules 1987.

REGISTRATION OF DEATH AND CERTIFIED COPIES

Register the death within five (5) days of death (eight (8) in Scotland) under the Births and Deaths Registration Act 1953 s.16. Obtain at least 4-6 certified copies of the death certificate (current fee 12.50 GBP each at the register office). The Medical Certificate of Cause of Death (MCCD) is issued by the attending registered medical practitioner. Use the Tell Us Once service to notify most government departments (DWP, HMRC, HM Passport Office, DVLA, Local Authority) in a single step.

IMMEDIATE ACTIONS

Within the first two (2) weeks: locate the original Will and any codicils; secure the deceased’s home and belongings; redirect post using Royal Mail’s Special Redirection service; notify the mortgage lender, landlord, utility companies and buildings insurer; take interim control of pets; arrange funeral per any directions in the Will (funeral expenses are a first charge on the estate under AEA 1925 s.34). Keep original receipts for every disbursement - executors are entitled to reimbursement but must not use their own funds to make distributions.

ASSET AND LIABILITY VALUATION AT DATE OF DEATH

Within 6-10 weeks: value all assets and liabilities as at the date of death. Real property must be formally valued (RICS Red Book recommended where IHT is payable). Bank and building society balances obtained by "bereavement" letter. Shares and investments valued using the "quarter up" rule. Jointly owned property valued both as whole and as the deceased’s share (beneficial joint tenants pass by survivorship outside the estate; tenants in common pass under the Will or intestacy). Retain valuation letters for HMRC.

INHERITANCE TAX REPORTING (IHTA 1984)

For deaths on or after 1 January 2022: excepted estates (most sub-325,000 GBP estates and certain "spouse-exempt" estates up to 3 million GBP) report via the probate application only (SI 2021/1167). Non-excepted estates: submit IHT400 and supporting pages (IHT402 NRB transfer, IHT435 RNRB, IHT436 RNRB transfer, IHT404 jointly-owned assets) to HMRC, obtain the IHT421 probate summary (or Code in Scotland), pay IHT by the end of the sixth month after the month of death (IHTA 1984 s.226) to avoid interest at the HMRC late-payment rate. Instalment option available for land, shares and business interests (IHTA 1984 ss.227-228). Remember: grant cannot issue until HMRC confirms IHT paid or that none is due.

APPLYING FOR THE GRANT

Apply via HMCTS MyHMCTS (professionals) or GOV.UK Apply-for-Probate (lay applicants). Forms: PA1P (testate), PA1A (intestate), PA14 (power reserved), PA15 (renunciation), PA16 (removing an executor). Current fees (April 2024): 300 GBP for estates over 5,000 GBP (nil for estates at or below 5,000 GBP), and 1.50 GBP per sealed office copy of the grant. Executors sign a Statement of Truth. Send the original Will to the Probate Registry with the application; use Form PA13 for a lost Will and Form PA13A for a lost Will reconstituted from a copy.

STATUTORY NOTICE TO CREDITORS (TRUSTEE ACT 1925 S.27)

Publish a notice in the London Gazette and a newspaper circulating in the district where the deceased lived, requiring creditors to send particulars of their claims within two (2) months. Personal representatives who distribute the estate after that period are protected from personal liability to unknown creditors (Trustee Act 1925 s.27). This does not extinguish the creditor’s claim against the beneficiaries. Retain proof of advertising.

COLLECTING IN THE ESTATE

Present sealed office copies of the grant to financial institutions to collect bank accounts, investments and pensions. Under Administration of Estates (Small Payments) Act 1965 (limit 5,000 GBP) some small accounts may be collected without a grant. Open a dedicated executor’s bank account. Sell or transfer shares via stock transfer Form J30 / CREST. For real property: register the grant at HM Land Registry using Form AP1 and the assent using Form AS1. Keep strict accounts. The Trustee Act 2000 general duty of care applies to investment and retention of estate assets (s.1).

SETTLING DEBTS AND LIABILITIES

Apply statutory order under AEA 1925 Sch 1 Pt II where estate is solvent: funeral, testamentary and administration expenses; then general legacies; then specific and residuary legacies. Where insolvent, AEA 1925 Sch 1 Pt I applies: secured creditors rank first, then funeral and testamentary expenses, then preferential claims, then ordinary creditors. Always consider claims under the Inheritance (Provision for Family and Dependants) Act 1975 (six-month limit from grant under s.4) before final distribution.

TAX RETURNS DURING ADMINISTRATION

File the deceased’s final Self-Assessment return (date of death return) for the tax year to the date of death. File an Administration Period return (R27 / SA900 for complex estates) covering income earned by the estate from date of death to the end of administration. CGT return where assets are sold at a gain above the annual exempt amount (3,000 GBP 2024-25 for trusts and estates). HMRC clearance Form IHT30 should be obtained before final distribution where IHT400 filed.

10.

TRUST REGISTRATION SERVICE

Under the Finance Act 2006 and the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended 2020), most trusts (including will trusts lasting more than two (2) years from death and life interest trusts) must be registered on the HMRC Trust Registration Service (TRS). Estates themselves are generally exempt unless income exceeds thresholds or CGT becomes chargeable. Verify and register within 90 days of the triggering event.

11.

DISTRIBUTION TO BENEFICIARIES

Distribute to the beneficiaries entitled under the Will or under the intestacy rules (AEA 1925 ss.46-47, as amended by the Inheritance and Trustees’ Powers Act 2014 for deaths on/after 1 October 2014 - surviving spouse/civil partner takes the personal chattels, the statutory legacy (currently 322,000 GBP) plus half of the residue; issue take the other half per stirpes). Obtain signed receipts (Form R10 or equivalent) from each beneficiary. Consider the 28-day survivorship clause if the Will includes one. Prepare estate accounts in the form approved by STEP (or equivalent) and obtain residuary beneficiaries’ written approval.

Notes: Residue divided equally between the three children of the Deceased (per the Will). One pecuniary legacy of 5,000 GBP to St. Hilda's Hospice, Cheltenham.

12.

ESTATE ACCOUNTS AND CLOSURE

Prepare final estate accounts showing all receipts and payments. Circulate to residuary beneficiaries for approval. Obtain HMRC inheritance tax clearance (Form IHT30) and HMRC income tax clearance. Pay final distributions. Close the executor’s bank account. Retain administration papers for a minimum of twelve (12) years (to cover potential claims and the 12-year limitation period for claims against an estate under the Limitation Act 1980 s.22). The administration is complete when all debts are paid, all assets distributed, and accounts approved.
Current status: Estate accounts in draft

13.

KEY RISK WATCHLIST

(a) IHT deadline - interest runs from 6 months after the month of death (IHTA 1984 s.233). (b) 1975 Act claims - 6 months from grant (IPFDA 1975 s.4). (c) Unknown creditors - publish Trustee Act 1925 s.27 notice before distribution. (d) Bona vacantia - no blood relative closer than a cousin: notify the Treasury Solicitor (AEA 1925 s.46). (e) Insolvent estate - follow Administration of Insolvent Estates of Deceased Persons Order 1986. (f) Missing beneficiary - consider Benjamin Order (re Benjamin [1902] 1 Ch 723) or missing-beneficiary insurance. (g) Personal liability - executors are personally liable for mistakes; consider executor indemnity insurance.

PERSONAL REPRESENTATIVE 1

Andrew James Ashworth

Executor named in the Will

Date: ____________________

PERSONAL REPRESENTATIVE 2

Margaret Louise Ashworth

Executor named in the Will

Date: ____________________

What Is an Executor Checklist?

An executor checklist is a structured document that lists all the tasks and responsibilities an executor must complete when administering a deceased person’s estate. It serves as a practical roadmap through the probate process from start to finish.

In England and Wales, an executor named in a will has a legal duty to administer the estate in accordance with the will and the law. This includes obtaining a grant of probate, collecting assets, paying debts and taxes, and distributing the estate to beneficiaries.

The UK probate process can take several months to over a year depending on the complexity of the estate. A comprehensive checklist helps British executors stay organised, meet legal deadlines and fulfil their fiduciary duties without overlooking critical steps.

What's Covered in This Template

Our executor checklist covers every stage of estate administration from initial steps to final distribution.

Immediate Steps After Death

Registering the death, locating the will, notifying banks and securing the deceased’s property.

Valuing the Estate

Identifying and valuing all assets including property, bank accounts, investments and personal belongings.

Applying for Probate

Completing the PA1P form, submitting inheritance tax returns and obtaining the grant of probate.

Inheritance Tax Return

Completing IHT forms (IHT400 or excepted estates IHT205/IHT217) and paying any tax due within six months.

Collecting Assets

Using the grant of probate to collect funds from banks, sell property and realise investments.

Paying Debts and Liabilities

Settling outstanding debts, utility bills, income tax and any other liabilities of the estate.

Section 27 Notices

Placing statutory advertisements in The Gazette and local newspapers to protect against unknown creditor claims.

Preparing Estate Accounts

Creating a detailed record of all income received, expenses paid and assets distributed.

Distributing the Estate

Transferring assets and paying legacies to beneficiaries in accordance with the will.

Final Tax Returns

Filing the deceased’s final self-assessment tax return and any estate income tax returns.

How to Use the Executor Checklist

Follow these steps to administer the estate methodically and in compliance with the law.

1
Register the Death and Locate the Will
Register the death within five days, locate the original will and identify all named executors and beneficiaries.
2
Value the Estate
Obtain valuations for all assets and liabilities as at the date of death, including property, bank accounts, investments and pensions.
3
Apply for Probate and Pay IHT
Complete the inheritance tax return and probate application. Pay any IHT due within six months of the date of death.
4
Collect Assets and Pay Debts
Use the grant of probate to collect assets, place Section 27 notices and settle all outstanding debts and liabilities.
5
Distribute and Finalise
Prepare estate accounts, distribute assets to beneficiaries and file final tax returns to close the administration.

Legal Considerations

Executors have significant legal duties and potential personal liability if the estate is not administered correctly.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for advice specific to your situation.

Reviewed for England & Wales law

Executor’s Fiduciary Duties

A UK executor is a fiduciary and must act in the best interests of the beneficiaries. This includes a duty to collect assets, invest prudently, avoid conflicts of interest and distribute the British estate in accordance with the will. Executors can be held personally liable for losses caused by breach of duty.

Inheritance Tax Deadlines

UK inheritance tax must be paid within six months from the end of the month of death. Interest accrues on late payments. The executor is personally liable for ensuring British IHT is paid. Instalment arrangements are available for certain assets such as property and business interests.

Section 27 Protection

Under Section 27 of the UK Trustee Act 1925, executors in England and Wales should place statutory notices in The London Gazette and a local newspaper. After allowing two months from the notice, the executor can distribute without personal liability for claims from unknown creditors or beneficiaries.

Personal Liability

Executors in the United Kingdom may be personally liable if they distribute the estate without paying known debts, fail to place Section 27 notices, distribute before the IHT liability is settled, or act outside the terms of the will. Professional advice is recommended for complex British estates.

Frequently Asked Questions

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