What does being an executor of a will involve?

[Rorytigger]

DH's step-granddad is dying (in hospice at mo and not expected to make weekend). No one knew until the weekend when the hospice rang DH's mum. Amongst his personal effects was a letter to DH asking him to be the executor of his will - his mum found it and though clearly marked for DH's attention - his dad opened it . (Both have the same name and DH's dad can't stand to think he may be missing out of something).

DH has rang and asked me to find out some info for him and I don't quite know where to start. Can anyone point me in the right direction? Thanks.

The appointment of an executor is only valid if it's in an actual Will. If the step grandad doesn't have a will already and is still mentally ok, someone should ask him if he wants a solicitor to visit the hospice and do one for him.

Has he got a will? You usually appoint executors at the start of your will. Their job is to collect in all of the assets and then pay off any debts, pay for funeral (from assets) and then distribute what is left in accordance with the wishes in the will.

If there is no will then he will die intestate and there is a list of rules stating who is the executor and who is entitled to the estate in such circumstances. I can't remember them offhand but could probably find out.

Only a Will can appoint a valid Executor and a Will can only be made by someone who has mental capacity. If there is no Will (or it is invalid) then the Intestacy Law sets out who will become the Administrators of the Will (basically the same as Executors, in the case of intestacy). There is a list of priority - I think it starts with spouses, then children, etc.

The Executor or Administrator is responsible for collecting in all of the deceased's assets, paying their debts and then distributing the balance in accordance with the Will (if there is one) or according to the rules laid down in Intestacy Law (if there is no Will).

An Executor/Administrator can either do the job themselves or appoint a solicitor to assist them with it. The Executor or Administrator is responsible to the Beneficiaries to properly administer the Will or intestacy

Hope that helps