When someone close to you dies, there’s more than just grief to deal with. There are legal and financial responsibilities too. One of the most important is the role of the executor. If you’ve been named in a will or you’re supporting someone who has, it’s useful to know what this role involves, and where you can turn for help.
At P. Haughey & Co. Solicitors in Dungannon, we guide people through this process every day. Acting as an executor comes with serious duties. You want to get things right, not just legally, but for the sake of your family or the person who’s passed.
What Is an Executor?
An executor is the person named in a will to deal with someone’s estate after they die. That includes money, property, debts, possessions, and any other legal matters that need to be wrapped up.
In Northern Ireland, a will usually states clearly who the executor is. If no will exists, or the named executor can’t act, the court can appoint someone, usually a close family member, to do the job instead. In that case, the person is called an “administrator,” but their responsibilities are mostly the same.
Legal Responsibilities of an Executor
Being an executor can feel overwhelming. It’s not just about signing a few forms, it means managing someone’s entire estate and making sure it’s handled properly. Here’s what the job usually includes:
1. Locating and validating the will
The first step is finding the most recent version of the will and making sure it’s legally valid. This is what gives the executor the authority to act.
2. Applying for probate (if needed)
Probate is the legal process that allows the executor to access the deceased person’s assets. You apply through the Probate Office in Northern Ireland. If there’s no will, you apply for “Letters of Administration” instead.
3. Notifying relevant organisations
The executor must contact banks, insurance companies, pension providers, utility companies, and government bodies. They’ll need to provide a death certificate and other documents.
4. Gathering and valuing assets
This includes everything the person owned, bank accounts, property, shares, vehicles, and even sentimental items. You’ll need to calculate the value of the full estate.
5. Paying off debts and taxes
Before anything is given to the beneficiaries, the executor must settle outstanding debts. That includes things like mortgages, loans, utility bills, and credit cards. You also need to deal with inheritance tax and submit forms to HMRC.
6. Distributing what’s left
Only after debts and taxes are paid can the remaining estate be shared out according to the will. This must be done fairly and accurately.
Common Challenges Executors Face
In theory, the process sounds simple. In reality, it rarely is. Here are some common problems executors run into:
Disputes among beneficiaries
Family members don’t always agree on who should get what. Even small misunderstandings can turn into major disputes.
Missing or hidden assets
You might discover a forgotten account or realise there’s no paperwork for a valuable item. Tracing assets can be time-consuming and tricky.
Complex or overseas assets
If the deceased owned property or investments abroad, it adds extra layers of legal work and delays.
Delays in getting probate
Missing documents, errors in the application, or backlog at the court can slow things down. While you wait, the estate may be frozen.
These are just a few examples. Many executors don’t realise how much personal risk they take on. If mistakes are made, the executor can be held financially responsible.
How a Solicitor Can Help
If this sounds like a lot…it is. But you don’t have to do it all alone.
Working with an experienced solicitor can take the pressure off. At P. Haughey & Co. Solicitors in Dungannon, we help executors handle everything properly, and make sure nothing gets overlooked.
Here’s how we help:
1. Legal guidance and paperwork
We make sure all forms are filled in correctly, deadlines are met, and no steps are missed.
2. Advice on taxes and debts
Inheritance tax rules are complicated. We help executors work out what needs to be paid, when, and how to minimise liability.
3. Protecting the executor
If you’re worried about being blamed for mistakes, we can step in to act on your behalf or support you behind the scenes.
4. Communication and clarity
Sometimes, just having a third party manage conversations between family members can ease tension and avoid conflict.
Even if you feel confident doing some of the work yourself, it’s worth having a solicitor to double-check key parts of the process.
When Should You Seek Legal Support?
Not every estate is complicated, but many are. Here are some signs you should get legal advice:
- The estate includes property, land, or business interests.
- There are family disagreements or the will is being challenged.
- There’s no will, or the one you found is unclear or outdated.
- You’ve been named as executor but don’t feel confident about doing it.
In some cases, the solicitor can take on the role of executor themselves, either alone or jointly with a family member.
Why the Executor Role Shouldn’t Be Taken Lightly
Being asked to act as an executor is a sign of trust. But it’s also a legal responsibility that can take months, sometimes years, to carry out fully.
You don’t have to go through it alone. A good solicitor will help you avoid mistakes, reduce stress, and make sure the estate is handled with care.
At P. Haughey & Co. Solicitors, we support people across Dungannon and beyond with all aspects of wills, probate, and estate administration. If you’ve been named as an executor or need help settling a loved one’s estate, get in touch with our team today.
We’re here to make a hard time just a little bit easier.
