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

  • Converting commercial property into homes: what the latest planning changes mean
    Converting offices and other commercial buildings into homes can create opportunities, but planning rules are only part of the picture. We explain the latest changes and the legal issues property owners, developers and buyers should consider before p


    Read more
  • Closing the AI skills gap
    Learn how SMEs can close the AI skills gap through practical staff training, checking AI outputs, protecting sensitive data and setting clear policies.


    Read more
  • What’s in a letter: Why one small change can spell big trouble for your brand
    Can changing one letter really protect your business name? Peter Moody examines recent trade mark disputes involving FLOWERBX and Vogue, and what businesses can learn about protecting their brands.


    Read more
  • Service charge disputes in mixed-use properties: who is responsible for what?
    Service charges in mixed-use properties can lead to disagreements between landlords, residential leaseholders and commercial tenants. We explore their legal rights, a recent Court of Appeal decision and how disputes can be resolved.


    Read more
  • The do’s and don’ts of using AI in your business
    AI can help businesses improve efficiency and make informed decisions, but it also comes with risks. Explore the key do’s and don’ts of using AI responsibly, including data protection, legal considerations and the importance of human oversight.


    Read more

What they say...

  • Rahul Khanna, October 2026
    Thank you – excellent service “Thank you so much to Qaiser, Vinay and Alex, who were extremely helpful throughout a long-running and complex matter. I really appreciated their clear advice and support.”

  • Client, October 2026
    Feedback “I engaged Karen Cole at RIAA Barker Gillette to support me through a grievance process and help me navigate discussions with my employer. From the outset, Karen provided clear, pragmatic advice and took the time to explain my options,

  • Bryan E, September 2026
    Absolutely outstanding “This firm is super professional, efficient and friendly at the same time. You could not wish for a better service. I have used them for my Will and a range of other matters over many years. I’ve found all the vario

  • Jan Norris, September 2026
    Excellent Service “Charlotte Barbaroussis has prepared our wills, LPAs and a discretionary trust. She was professional, kind and patient throughout. A very fine person to have looking after us.”

  • Brian Nunan, August 2026
    “I dealt with the group for many years, and no matter which solicitor I used, the results were always the same. Excellent!”

Read more
Send this to a friend