I'm an executor. What are my duties and liabilities?

What the Law Says

The Administration of Estates Act 1925 sets out core duties and protections for executors in England and Wales. Section 25 is especially important because it defines when an executor may be held personally liable for estate debts — particularly if they distribute assets before settling all known liabilities.

As an executor, you are a legal personal representative appointed by the will to manage the deceased’s estate. Your main duties include identifying and safeguarding assets, paying valid debts and taxes (including Inheritance Tax), obtaining a grant of probate, and distributing the remaining estate to beneficiaries as directed by the will.

You owe fiduciary duties — meaning you must act honestly, diligently, and solely in the estate’s best interests. You cannot profit from your role unless expressly permitted (e.g., by the will or court approval).

Section 25 of the Administration of Estates Act 1925 provides that an executor who pays debts or distributes assets 'without having first discharged all the debts and liabilities of the deceased' may be held personally liable to creditors — but only if they had actual knowledge of the debt or failed to make reasonable enquiries.

Statutory Text

An executor or administrator shall not be chargeable for any debt due from the deceased unless he has had notice of such debt, or unless he has distributed the assets of the deceased without having first discharged all the debts and liabilities of the deceased.

— Administration of Estates Act 1925, s. 25 — Liability of executor or administrator

What to Do

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