What happens if an executor dies or can't act?

• If an executor dies or can’t act, the next steps depend on when this happens and whether there are other executors appointed to administer the estate.
• Naming more than one executor in your will can mean you have a backup plan if one dies or is unable to act.
• If probate is delayed and estate expenses still need to be paid, Provira’s Estate Advance can help executors access up to 50% of the net value of the estate within days.

If an executor dies or can’t act, the next steps depend on whether anyone else has been appointed to administer the estate.

Being named as the executor of a will is a big responsibility. Executors are responsible for applying for probate, paying estate debts and taxes, managing money and making sure that beneficiaries get the inheritance they are entitled to. But life doesn’t always go to plan.

Sometimes an executor dies whilst the probate process is still in motion. In other cases, they may become ill, lose mental capacity or just decide they no longer want to take on the role.

The good news is that this does not mean the estate cannot be administered. In fact, there are very clear laws around who would be next in line to step in and take over the process.

The problem? This can significantly delay the probate process, which is already incredibly long and potentially expensive. 

The good news is, if these delays mean estate costs like Inheritance Tax, legal fees or property expenses need paying sooner, Provira’s Estate Advance can help. Through the Advance, executors can access up to 50% of the net value of the estate within days, helping the administration continue without unnecessary financial pressure.

Read more about our Estate Advance here.

What happens if an executor doesn’t want to act?

If an executor doesn’t want to act, that is okay. Nobody is legally bound to take on the role of executor. Even if they have been named in a will, they can choose not to take on the responsibility.

If they have not started administering the estate yet, they can formally step down by signing a Deed of Renunciation.

If there are other executors named in the will, they can usually continue without them.

This is one of the reasons many people choose to appoint more than one executor; it gives them a back-up plan if someone decides they no longer want to act.

What happens if an executor dies before probate is granted?

If an executor dies after the person who made the will, but before probate has been granted, what happens next depends on how the will has been written:

If there are other executors

If more than one executor was appointed, the surviving executors can continue administering the estate without them. Usually, this will not delay the process at all.

If there is a substitute executor

Some wills name main executors as well as substitute executors. If the original executor can no longer act, the substitute steps in.

If there is only one executor

If the will only names one executor and they die before probate is granted, someone else will need to apply to administer the estate.

They do this by applying for Letters of Administration with Will Annexed. Once they have applied, the court will grant them the ability to administer the estate. Usually, this is taken on by one of the main beneficiaries.

What happens if an executor loses mental capacity?

Sometimes an executor is still alive but can no longer carry out their duties because they have lost mental capacity. Again, the next steps depend on what the will says.

If there are other executors named in the will, they can usually continue with the probate application as normal, without the other executor being involved. 

If no one else is available to act, the court can select another person to administer the estate.

What happens if an executor dies after probate has been granted?

The situation becomes slightly more complicated if an executor dies after probate has already been granted.

Where there are multiple executors

If more than one executor was acting, the surviving executors continue administering the estate and no replacement executor is needed. 

Where there is only one executor

If the sole executor dies after probate has been granted but before the estate has been fully administered, something called the chain of representation comes into play.

This allows the executor named in the deceased executor’s own will to take over responsibility for completing the original estate. In short, they step into the executor’s shoes and finish the job.

What is a chain of representation when it comes to estates?

The chain of representation exists to prevent estates from becoming stuck just because an executor has died.

For example:

1. Sarah dies and appoints David as her sole executor.
2. David obtains probate and starts administering Sarah’s estate.
3. Before he finishes, David dies.
4. David’s own will appoints Emma as his executor.
5. Emma can then continue administering both David’s estate and Sarah’s estate.

This avoids the need to start the probate process all over again.

What happens if the chain of representation breaks?

The chain of representation only works if it doesn’t break.

It can be broken if:

• The sole executor dies without leaving a will themselves.
• Their own executor is unable or unwilling to act.
• They died before probate was completed.

If this happens, a main beneficiary will need to apply for a special grant known as Grant de Bonis Non. This grant allows someone new to finish administering the parts of the estate that have not yet been dealt with.

How to plan for situations where an executor dies or can’t act?

Planning is incredibly important when it comes to estates, and thinking about your executors is a huge part of that

When writing a will, it’s sensible to:

• Appoint more than one executor if possible.
• Include at least one substitute executor.
• Choose people who are likely to be willing and able to act.
• Re-look your will regularly to make sure the executors named are still able to act.

Do estate expenses still need paying if probate is delayed?

Yes, when probate is delayed because an executor dies or becomes unable to act, the estate still needs to meet its financial responsibilities.

Inheritance Tax, property insurance, maintenance costs, legal fees and other expenses may still need paying while the situation is being resolved.

If the estate’s money is tied up in property or investments, finding the cash to cover these costs can be difficult.

This is where Provira’s Estate Advance can help.

Our Estate Advance gives executors access to up to 50% of the net value of the estate within days, helping keep the estate moving while probate continues.

There are no monthly repayments, no personal liability and no credit checks. The advance is simply repaid from the estate once administration has been completed.

Get in touch with the team to apply today 

How Provira can help

Losing a loved one is difficult enough without unexpected situations affecting probate.

If an executor dies or is unable to acts, it can feel like the whole estate administration process instantly becomes more difficult.

At Provira, we understand how stressful these situations can be.

Whether you’re an executor trying to manage estate expenses during probate or a beneficiary waiting longer than expected for your inheritance, we’re here to help.

Our Estate Advance can help executors access funds to keep the estate moving, while our Inheritance Advance allows beneficiaries to access up to 50% of their inheritance before probate has finished.

Get in touch with the compassionate team at Provira today to find out which option is right for you.