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

  • Double jeopardy of digital asset inheritance planning amid probate delays
    Hidden digital assets and mounting interest on inheritance tax bills are creating a costly double risk for families dealing with estates following the death of a loved one, as probate delays continue to impact thousands across England and Wales, addi


    Read more
  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more
  • Renters’ Rights Act: why process and paperwork matter more than ever for landlords
    The Renters’ Rights Act has now passed into law, marking one of the most significant shifts in the private rented sector in a generation. Most of the new measures will take effect in May 2026, with a national landlord database to follow later in th


    Read more
  • Understanding the Roles of Executors and Trustees
    When making a will, you place significant trust in those appointed to carry out your wishes. Executors and trustees are key roles, often held by the same people, but their responsibilities differ. Understanding these roles and their obligations helps


    Read more

What they say...

  • W Sandover, April 2026
    Boundary Wall dispute “Although (for complex, not relevant) reasons, this matter never reached the point of either negotiations or a court case, Barker Gillette staff provided us with excellent support. I would certainly go back to them in the

  • Client, April 2026
    Excellent suppy “Karen Cole supported me through a difficult time with warmth and professionalism. She made the entire process as smooth as possible, responding quickly to communication and giving clear advice. I would highly recommend Karen to

  • Client, April 2026
    So helpful! “Pippa Marshall listened and offered supportive, practical advice. She was very friendly, easy to talk to and did not pressure me to make any costly decisions during my free 30-minute consultation. I would definitely recommend Pippa

  • Nika Franke-Matthecka, April 2026
    “We had an excellent experience working with Michael Davies and his team on the sale of our property. They were efficient, knowledgeable, and highly diligent throughout the entire process. Communication was always prompt and clear, which made w

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

Read more