Taking on the role of an Executor can be onerous.

Executors are not responsible for paying bills and expenses from their own pocket, and so, if they do make any payments on behalf of the estate they can be reimbursed for them. However, unless the Executor is a Professional Executor, they cannot charge for their time spent acting as an Executor. Only reasonable expenses are recoverable.

Funeral costs are obviously a big expense. However, it is possible to pay for funeral expenses directly from the deceased’s bank account, even if the account has been frozen. This can be done by providing the bank with a copy of the death certificate and the funeral invoice and then asking them to pay it directly.

The costs may also be payable by a policy that the deceased took out during their lifetime for exactly this purpose, so it is worth checking the deceased’s paperwork and with the funeral director first.

There are other out-of-pocket expenses for which Executors can claim reimbursement, including:

  • The cost of death certificates
  • Professional fees, such as those of solicitors and surveyors
  • Travel expenses (usually milage at 45p per mile)
  • Probate Registry fees
  • Property maintenance fees during probate i.e. gardening and cleaning
  • House insurance premiums
  • Valuation fees and other estate agent fees
  • Postage costs
  • Other fees associated with selling a property, such as clearance costs

As every estate is unique there is no hard and fast rule setting what Executors can claim. It is important that Executors keep all receipts and a record of their expenses, so that they can produce an itemised breakdown for the beneficiaries should any queries arise.

What expenses can’t an executor claim?

As mentioned, unless the Executors are Professional Executors, they cannot charge for their time administering an estate. Particularly large or complicated estates may require the Executors to take some time off work, so when making a Will, the testator should always check that the Executors they choose are happy to take on the role.

Many Executors choose to appoint a firm of solicitors, like Timms, to act on their behalf and to relieve them of the burden. The individuals named would still be the named Executors, but we can act on their behalf to do all the running around and the legal work required to fully administer an estate.

Next Steps...

If you need help and assistance regarding Probate or any other Wills and Probate enquiries, please don't hesitate to contact me on 01332 364436 or email me at s.hilliard@timms-law.com.

Alternatively, you can visit the Wills and Probate section of our website here.