How to Choose an Executor of a Will

Who can be an executor?

Almost any adult can be an executor, and there is no requirement to use a professional. Many people choose a spouse or civil partner, an adult child, a sibling or a trusted friend. A person who inherits under the will can usually act as executor too, which is why a surviving spouse is often named. What matters most is that the person is willing, capable and someone you trust to carry out your wishes.

There are practical limits worth knowing. An executor generally needs to be an adult when they apply for probate, and someone who lacks mental capacity or has certain unspent convictions may not be able to act. It is also worth naming a substitute in case your first choice dies before you or decides not to take the role.

How many executors should you appoint?

You can name one executor or several, and up to four can be named on the probate application in England and Wales (gov.uk, as at July 2026, subject to change). Many people name two, so that if one is unable or unwilling to act, the other can still step in. Where more than one is named in the will, they generally have to agree on who makes the application.

Approach	What it can mean in practice
One executor	Simple, but leaves no backup if that person cannot or will not act.
Two executors	A common choice; one can continue if the other steps aside.
Up to four	The maximum that can be named on a probate application; more people can mean slower decisions.
A substitute	A named reserve who takes over only if a first choice is unable to act.

Approach

What it can mean in practice

One executor

Simple, but leaves no backup if that person cannot or will not act.

Two executors

A common choice; one can continue if the other steps aside.

Up to four

The maximum that can be named on a probate application; more people can mean slower decisions.

A substitute

A named reserve who takes over only if a first choice is unable to act.

Source: gov.uk, applying for probate, as at July 2026 and subject to change.

What to weigh when choosing

The role can run for many months and involves paperwork, deadlines and, sometimes, family feeling. Because of that, many people look for someone organised, even-handed and comfortable dealing with banks, HMRC and possibly a solicitor. It often helps if the person is likely to outlive you and lives somewhere reasonably practical for handling property and post.

Trust matters more than technical knowledge, because an executor can pay for professional help out of the estate where needed. Naming a beneficiary as executor is common and generally fine, though where a will might be contentious some people prefer a neutral choice. It can be worth discussing the options with a qualified professional before deciding.

For the day-to-day tasks involved, see our note on executor duties.

Should you appoint a professional executor?

A professional executor, such as a solicitor, accountant or specialist firm, can be worth considering where an estate is large, holds a business, spans more than one country, or where family relationships are strained. The advantage is experience with legal, tax and property matters. The trade-off is cost, because professional executors usually charge fees, which come out of the estate and can be significant.

Naming a professional is one option some consider, not a default. Many families use a lay executor who then instructs professionals only for the tasks that need them, which can keep costs down. Because charging structures vary widely, it can be worth asking any professional for their basis of charging in writing before appointing them, and weighing that against a lay executor who can buy in help as needed.

A worked example (illustration only). Susan makes a will leaving her estate to her two adult children. She names both children as executors so either can act, and adds her brother as a substitute in case one child is abroad. When she later dies, her estate is valued at £280,000, so the executors must apply for probate; because the estate is over £5,000, the application fee is £300 (gov.uk, as at July 2026, subject to change), and there is no fee where an estate is £5,000 or less. Change the family, the value or the wishes and the sensible choice of executor changes too, so this is general information rather than a plan for any real estate.

Common mistakes to avoid

The most frequent problem is naming someone without asking them, so they are surprised or unwilling when the time comes. Other issues include naming only one person with no backup, choosing someone much older or in poor health, or picking an executor because of family expectation rather than suitability. Reviewing the choice after major life events can help keep the will current.

Not asking first. Many people confirm the person is willing before naming them.

No substitute. A single executor with no reserve can leave a gap if they cannot act.

Not reviewing. Divorce, death or a fallout can make a past choice unsuitable over time.

Choosing an executor in Scotland and Northern Ireland

The general idea of naming someone to deal with your estate applies across the UK, but the terms and process differ. In Scotland the person is usually called an executor, and the process of obtaining authority is called confirmation rather than a grant of probate, with its own rules and forms. Northern Ireland has its own probate system too. Where an estate or a will touches more than one UK nation, it can be worth taking advice in each. For the wider picture, see our estate planning guide.

Frequently asked questions

Can a beneficiary be an executor?

Yes, this is common and generally allowed. A person who inherits under the will can usually also act as executor, which is why a surviving spouse or an adult child is often named. Where a will might be disputed, some people prefer a neutral executor to avoid any suggestion of conflict, so it can be worth weighing the family circumstances before deciding.

How many executors can I appoint?

You can name one or several in the will, but up to four executors can be named on a probate application in England and Wales (gov.uk, as at July 2026, subject to change). Many people name two so there is a backup, and add a substitute in case a first choice is unable to act.

Do I have to use a solicitor as my executor?

No. Any suitable adult you trust can act, and there is no requirement to appoint a professional. Many people name a family member or friend, who can pay for professional help from the estate if a task needs it. A solicitor or specialist firm is one option some consider for larger or more complex estates, usually for a fee.

What does an executor actually have to do?

In broad terms the executor gathers the assets, settles debts and any tax, applies for probate where needed, and distributes what remains to the beneficiaries. Where an estate is over £5,000, a £300 probate application fee generally applies, with no fee at £5,000 or less (gov.uk, as at July 2026, subject to change). Our executor duties note covers this in detail.

Can I change my executor later?

Generally yes, while you have mental capacity. Many people update the executor named in their will through a new will or a properly executed codicil, for example after a divorce, a death or a change in relationships. Because the paperwork must be valid to take effect, it can be worth discussing any change with a qualified professional first.

What happens if I do not name an executor?

If no executor is named, or none is able or willing to act, the law sets out who may apply to administer the estate instead, usually a close relative, who then takes on a similar role. Naming a willing executor and a substitute helps avoid delay and uncertainty, which is one reason many people give the choice careful thought when writing their will.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

How to Choose an Executor