Skip to main content

Insight article

August 8, 2019

What is a personal representative?

A personal representative is somebody who handles a person’s estate when they pass away. The estate is made up of all the deceased’s assets, which can include anything from money in the bank, to personal possessions, stocks and shares, cars, real estate and even cryptocurrency.

If the deceased has a will, the personal representative is called an executor. If there is no will, the personal representative is called an administrator, but essentially, they perform the same role.

Ten things a personal representative should do

The main duties of a personal representative are to:

  1. register the death and locate the original will (if there is one);
  2. arrange a funeral (banks will often release monies from the deceased’s account to cover funeral costs once they have been notified of the customer’s death);
  3. obtain a valuation of the entire estate;
  4. complete an inheritance tax account and lodge it with HMRC;
  5. apply for a grant of probate if the deceased had a will/apply for the letters of administration where the deceased has no will;
  6. collect any money and/or assets due to the estate;
  7. pay any outstanding liabilities and taxes out of the estate;
  8. obtain a clearance certificate from HMRC to confirm that the personal representatives are discharged from any further claim for the tax on the assets they have declared;
  9. distribute the estate to beneficiaries in accordance with the terms of the will, or if there is no will or if there is a partial intestacy, under the Intestacy Rules. Partial intestacy is where someone dies leaving a valid will, but the will only disposes of part of their estate. The intestacy rules will apply to the property that has not been disposed of under the will); and
  10. draft estate accounts to account for any assets collected, income accrued and any bills and taxes] paid during the administration. A copy of the estate accounts will then be distributed to all residual beneficiaries (also known as residuary legatees).

What happens if you don’t want to act?

It is unlikely that an administrator won’t want to act, as, unlike an executor, they have registered for the role rather than been appointed.

If you do not wish to act as an executor, you should discuss this with the person who appointed you. If they have passed away, you may still be able to renounce your role as an executor if you haven’t carried out any actions as executor. Once you have begun to carry out your role as executor, you cannot step down, save in very limited circumstances such as ill health or a family emergency.

If you have been appointed as a personal representative and need assistance carrying out your duties or do not wish to act, contact James McMullan for advice today.

Note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • The Employment Rights Act is a call to action for employers 
    A new year, a new employment framework: what employers need to know about the Employment Rights Act passed by parliament in December 2025.


    Read more
  • Dilapidations explained: What commercial tenants and landlords need to know
    Dilapidations are a common source of dispute at the end of a commercial lease. They can involve significant sums of money and often come as an unwelcome surprise to tenants who believed they had left a property in reasonable condition. Understanding


    Read more
  • The role of due diligence in corporate transactions
    In corporate transactions, due diligence is a key stage that usually follows agreement of Heads of Terms, allowing the Buyer to investigate the target company or its assets before committing to the deal.


    Read more
  • Love in later life and the inheritance tax trap
    Increasingly, lawyers are seeing couples who have chosen to live together rather than marry, sometimes for many years, without fully appreciating how differently the law treats them, particularly when it comes to inheritance tax and financial protect


    Read more
  • Understanding Heads of Terms in corporate transactions
    Heads of terms are a crucial first step in corporate transactions. Learn what they include, why they matter, and how they shape successful deals.


    Read more

What they say...

  • Amish Bristol, January 2026
    Absolutely brilliant, fast, professional, clear and delivered a robust service “Recent mortgage oversight from Ben Marks and Anne was superbly dealt with, and I intend on moving all my business to them. For a big firm, they really do pay attent

  • Client, January 2026
    Excellent experience “The process of my work was quick and effective.”

  • Vicky, January 2026
    Clear, friendly, helpful “Very efficient and helpful with arrangements for my will.”

  • R Cook, December 2025
    Settlement Sorted “Grayson Stuckey was great. Efficient and friendly with all aspects of the support provided. We worked well together and achieved a positive outcome. Recommended.”

  • Ivan Naisbitt, December 2025
    More than just a service “Michael Davies has been representing me for about 35 years, and I cannot recommend him or RIAA Barker Gillette (UK) highly enough. Aside from the normal conveyancing, he is always on hand to advise and guide you throug

Read more
Send this to a friend