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Will Executor Duties: What You Need to Know

Most people don’t actively choose to become an executor. They’re named in a will years earlier, often without much discussion. It’s only later, when the time comes, that the questions start. What’s expected? How long does it take? And what do will executor duties actually involve in Scotland?

The role is about responsibility rather than status. Some estates are simple and move along quietly. Others take time, organisation, and a fair amount of patience.

What the Role Looks Like Day to Day

At its core, will executor duties involve winding up the estate. That means finding out what the person owned, checking what they owed, and making sure everything ends up with the right people.

In reality, this often starts with paperwork. Letters arrive, emails follow, banks ask for documents, insurers want copies. Each organisation has its own process, and progress can feel slow even when things are moving.

Confirmation and Why It Matters

In Scotland, most executors need confirmation before they can deal with estate assets. Confirmation is the legal authority that allows funds to be collected, accounts closed, and assets transferred.

Until confirmation is granted, many organisations will not release money. This catches people off guard and is a common source of frustration. It’s also one of the reasons will executor duties often take longer than expected.

Accepting the Role Is a Choice

Being named in a will doesn’t mean the role must be accepted. Some people decline, particularly if the estate is complex or family relationships are strained.

Once an executor starts acting, though, stepping away becomes harder. Even small actions can be treated as acceptance. Understanding will executor duties before doing anything formal helps avoid getting stuck in a role that feels overwhelming.

There’s No Set Timescale

Some estates are dealt with fairly quickly. Others take many months. Property sales, missing information, or tax queries can all slow things down.

Executors are expected to act reasonably, not instantly. Delays aren’t automatically a sign that something has gone wrong. One of the quieter will executor duties is managing expectations, both personally and with beneficiaries.

Handling Money With Care

Estate funds must be kept separate from personal money. Records should be kept from the start, even if the estate seems small.

Mistakes can cause real problems later on. In some cases, executors can be personally liable if funds are mishandled. This is one of the reasons will executor duties can feel heavier once the process is underway.

Debts, Bills and Taxes

Before beneficiaries receive anything, debts must be settled. That includes household bills, loans, care costs, and funeral expenses.

Depending on the estate, inheritance tax may need to be considered. Even where no tax is due, forms are often still required. Missing deadlines can create complications, so this part of the role needs attention.

Talking to Beneficiaries

Communication is often underestimated. Beneficiaries usually want reassurance that things are moving, even if there’s little to report.

Silence can cause tension. Regular, simple updates often prevent misunderstandings. Keeping people informed is an important part of will executor duties, even though it’s not always written down.

Fees and Expenses

Family members or friends acting as executors are not normally paid unless the will allows it. Professional executors can charge fees.

All executors can recover reasonable expenses, provided records are kept. Small costs add up, and clear records make reimbursement easier.

When the Estate Becomes Complicated

Some estates are harder to deal with. Disputes, unclear wording in the will, or assets held abroad can increase pressure.

In these situations, legal advice is often sought. Getting help doesn’t mean the executor has failed. It often helps ensure will executor duties are handled properly and reduces the risk of mistakes.

Deciding Whether to Act

Before agreeing to take the role on, it’s worth pausing. Think about the size of the estate, the people involved, and the time required.

Being an executor carries responsibility. Understanding will executor duties in advance makes it easier to decide whether the role is manageable.

Final Thoughts

Will executor duties involve more than administration. They require organisation, patience, and clear communication. The role can be straightforward, but it can also become demanding, particularly when emotions are involved.

Knowing what’s involved from the outset helps set realistic expectations and reduces stress later on. With the right support, the role can be handled carefully and fairly. 

Speak to MM Legal today for will writing and estate planning support.