You’ve Been Named Executor in a Will: What to Do Next

Your role as an executor begins upon the death of the person who appointed you. Your main function is to carry out the terms of the Will. You also become the ‘Representative’ of the person who died, called ‘the deceased’, in dealing with the Revenue Commissioners, Social Welfare, Banks, and others.

It is a trusted and important role and carries important responsibilities.

If you do not wish to act as Executor, you can ‘renounce’ or refuse the role. However, once you decide to take on the role and take steps to act, you cannot then renounce at a later stage.

When somebody dies, you may need to take out a “Grant of Probate” to access their assets, such as bank accounts and other property. A Grant of Probate is a document issued by the High Court that is essentially proof that a Will is legally valid.

If you need to take out a Grant of Probate – see attached checklist of items that you will need.

Your Duties as Executor

1. Ascertain and Protect all Assets: You must get the details of any assets belonging to the Deceased. Any property will need to be insured and secured. 
2. Ascertain all liabilities: You must ensure you have a complete list of anything owed by the Deceased. This includes such things as outstanding debts, loans, taxes, etc. 
3. Ascertain all beneficiaries and obtain their addresses and PPS numbers. 
4. Obtain letters of clearance from the Revenue Commissioners, the HSE, and the Department of Social Protection. 
5. Pay the expenses and debts of the estate and obtain tax clearance. The Executor is obliged to pay all outstanding debts of the estate and is responsible for the payment of any taxes. The Executor must distribute the assets to those entitled, once all the debts have been paid.
6. Furnish “estate accounts” to certain beneficiaries for all monies received and paid out. 

Checklist of Items You Will Need

• Original Death Certificate
• PPS number of the Deceased
• Photo ID for Executors – e.g. copy of passport or driver’s licence
• Proof of address for Executors – e.g. copy of bank statement or utility bill
• Occupation of Executors
• List of Names and addresses / contact details of all Beneficiaries

List of Assets

• Bank account numbers
• Car
• Boat
• Any property or land
• Life insurance or other policies or investments
• Shares
• An Post / Ireland State Savings certs / bonds
• Prize bonds
• Foreign property

Property / Land

• Location of Deeds and Title Documents
• Local Property Tax (property pin and ID)
• Clarify if the property is to be sold

Insurance

The Executor has a duty to insure all property.

• Name of insurance company and policy details
• Notify insurance company of death of owner, whether house is vacant, change of name of policy

Income of the Deceased

• Salary
• Irish State Pension
• Other income

Liabilities – Outline

• Funeral bill
• Funeral lunch / wake / refreshments
• Utility bills outstanding
• Other bills
• Loans / Mortgages
• Clarify whether the funeral bill has been paid
• Clarify whether the deceased was in receipt of Fair Deal / Nursing Home Support
• If so, provide the Client ID / correspondence from the HSE

Please note:
Once the banks are notified that a person has passed away, they will freeze all sole accounts until the Grant issues. All direct debits will also stop. This does not apply to accounts in joint names with the spouse.

The role of an Executor can be quite daunting, and you may wish to engage a solicitor to assist you with this. If you decide to use a solicitor, the solicitor will carry out these duties on your behalf.

Jenny Powell is a solicitor with Michael Powell Solicitors in Cork, County Cork

Disclaimer:
Please note that this article is for general information purposes only and does not purport to be legal advice. While every care has been taken in its production, no legal responsibility or liability is accepted, warranted or implied by the author, publishers or the Law Society of Ireland in respect of any errors, omissions or misstatement. Readers are advised to seek independent professional legal advice before acting on anything in this article.