When someone dies and leaves a will, the person (or people) named as executor(s) have a legal and moral duty to manage their estate. A big part of that for many estates is clearing the deceased person’s property. This means the process of sorting, valuing, disposing, donating or selling belongings, handling waste and preparing the property for transfer or sale, which can be fraught with legal hurdles.

To help executors through the process, we have put together a guide exploring what executors need to think about, what the law requires, and practical tips to make it more manageable.

What Is Probate & the Role of the Executor?

Probate is the legal process by which a will is validated, and an executor is given authority (Grant of Probate) to administer the deceased’s estate. Without probate (or, if there is no will, Letters of Administration), you may not be able to deal with certain assets such as property or bank accounts.

The executor (or personal representative) is responsible for gathering all the deceased’s assets (money, property, possessions), paying their debts, handling any tax obligations and distributing what remains to the beneficiaries.

Key Legal Obligations & Timeline Considerations

1. Register the death and get certified copies of the death certificate: This is typically done with the local registry office. You will need multiple certified copies of the death certificate for solicitors, banks, pension providers, etc.
2. Locate the will (and any codicils), appoint the executor(s): If a valid will exists, the named executor(s) must check for any amendments (codicils), confirm their willingness to act and gather trusted copies. If there is no will, or if executors decline, someone else may need to apply to be administrator. 
3. Valuing the estate, assets & liabilities: Executors must make an inventory of all assets (property, personal possessions, investments) and debts (mortgages, loans, unpaid bills). High-value items may need professional valuation, especially for tax or inheritance issues.
4. Notify HMRC, deal with taxes: If the estate is large enough, Inheritance Tax or other tax liabilities may apply. Executors need to inform HMRC, submit required returns and ensure any tax is paid within certain deadlines.
5. Apply for the Grant of Probate (or Letters of Administration): Once valuations and tax obligations are sufficiently accounted for, the executor applies to the Probate Registry for the legal authority to act. This can take several weeks.
6. Clearing the property: Once you have legal authority (if required), contents of a property (sometimes called “chattels”), furniture, personal items, etc., may need to be removed, disposed of, donated or sold as appropriate. Executors must follow legal and environmental rules in disposal.
7. Maintain the property until disposal or sale: Executors usually must ensure the property remains secure, insured and maintained, especially if it is unoccupied, until it is handed to beneficiaries or sold.
8. Final distribution of the estate: After debts, taxes and expenses (including clearance, maintenance, legal fees) are paid, the remaining estate is distributed to beneficiaries as per the will or according to intestacy rules if there was no valid will.

Practical Tips for Executors Managing a Probate Clearance

• Get multiple quotes for house clearance services before committing. A clear, itemised quote helps you compare cost, scope (what will be removed, what recycled/donated), timing and licensing.
• Ensure the clearance company is properly licensed (waste-carrier licence), with documented credentials. This protects you from legal liability for waste disposal.
• Maintain detailed records of what is cleared, what is donated, sold or discarded and receipts or invoices. These may be needed for HMRC, or if beneficiaries have questions.
• Check sentimental items and follow any instructions in the will about who should retain particular personal possessions.
• Consider valuation of “chattels” (personal property) for the probate inventory. Some items which look modest may have value; getting professional valuations for valuables may prevent future disputes.
• Communicate with beneficiaries early and clearly, particularly about items which are to be kept, sold or donated. Transparency avoids misunderstandings.
• Plan for time: probate clearances and estate administration can take many months, especially if tax returns are involved, or property needs preparing for sale. Allow for delays.
• Do not neglect upkeep of the property. Insurance, security and simple maintenance (garden, heating, utilities) may be necessary to avoid deterioration or damage.

How Professional Clearance Services Can Support Executors

Using a professional clearance provider with experience in probate can help reduce the burden:

• They can provide free, no-obligation quotes so you know costs up front and can budget from the estate.
• They often understand probate requirements for valuing household contents, dealing with charities, recycling, legal disposal of waste and managing emotional/sentimental items sensitively.
• They can coordinate with solicitors or estate agents if property needs preparing for sale.
• They will handle the logistics (packing, removal, sorting, disposing or donating) so executors can focus on legal, financial, or emotional tasks.

With good organisation, documentation, realistic timelines and possibly some professional support, the process becomes far more manageable. The support of a company which can provide clear quotes, reliable clearance services and awareness of legal obligations goes a long way to helping executors fulfil their role with confidence and care.