Executor Powers Before Probate Is Granted UK: What You Can — and Cannot — Do

An executor's authority derives from the will itself, not from the grant of probate. The will takes effect immediately on the death of the testator, and the executor named in it is invested with authority from that moment. Probate is not the source of the executor's powers — it is evidence of them. This is a fundamental principle of English probate law, confirmed in the leading case of Chetty v Chetty [1916] 1 AC 603 (PC): the title of an executor relates back to the moment of death. WHAT PROBATE DOES: the grant of probate is a sealed court document issued by the Probate Registry (part of HMCTS) that formally proves the will is valid and confirms the named executors. It is the only document that third parties — banks, HM Land Registry, HMRC, share registrars, the Probate Registry itself — will formally recognise as authority for the executor to deal with assets in the deceased's name. Without probate, most major institutions will not release assets or register transfers. WHAT PROBATE DOES NOT DO: probate does not create the executor's role. An executor can take steps in the administration of the estate before probate is obtained — they are doing so on the basis of their existing authority under the will — but in practice they will be blocked by institutional requirements until probate is granted. THE CHAIN OF REPRESENTATION (s.7 Administration of Estates Act 1925): if the sole executor dies while probate is pending (without having obtained the grant), their executor steps into their shoes and can obtain probate of both wills. This rule works because executor authority is personal, not grant-based. THE POSITION IF THE EXECUTOR RENOUNCES: an executor can renounce probate at any time before they have 'intermeddled' in the estate (i.e., taken steps in the administration). Once an executor has intermeddled, they cannot renounce — they are bound to complete the administration, whether or not they formally obtain the grant.

Despite institutional restrictions, there is a range of important steps an executor can and should take before the grant of probate is issued. (1) ARRANGE THE FUNERAL: the funeral is the executor's first legal responsibility. The executor has the legal right to take possession of the body and make funeral arrangements. Funeral costs are an administration expense and are a priority debt of the estate, payable before other debts and before legacies. The executor can instruct a funeral director, pay the funeral bill from estate funds (if accessible) or personally and reclaim from the estate, and choose the form of the funeral consistent with any wishes expressed in the will or known preferences of the deceased; (2) LOCATE AND SECURE ASSETS: the executor should immediately take steps to identify, locate, and secure all assets. This includes: collecting any cash at the property; taking possession of valuables, jewellery, and personal property; ensuring property and contents insurance are maintained (notify insurers of death — some policies are invalidated by a death if not notified promptly); cancelling or transferring direct debits to prevent ongoing charges; collecting post; securing digital assets; and notifying relevant institutions of the death; (3) INSTRUCT SOLICITORS OR PROBATE PROFESSIONALS: the executor can instruct solicitors, probate specialists, or accountants to act on behalf of the estate at any time; (4) VALUE THE ESTATE: the executor must value the estate for probate and IHT purposes. This involves obtaining date-of-death valuations for all assets: bank and savings account statements; share and investment portfolio valuations; property (typically requiring a RICS-qualified surveyor for HMRC purposes); valuation of personal property above a de minimis threshold; pension scheme death benefit information; life insurance; and any business interests; (5) PREPARE AND SUBMIT IHT FORMS: the executor must submit Inheritance Tax Account (IHT400) or use the IHT205/IHT217 excepted estate procedure. IHT must be paid before probate is granted — meaning the executor must raise the funds to pay IHT before receiving the grant that would allow them to access estate funds. The IHT423 direct payment scheme allows banks to pay HMRC directly from the deceased's account before probate; (6) APPLY FOR PROBATE: once the IHT position is resolved, the executor applies to the Probate Registry (using PA1P for a will; PA1A for intestacy) with the original will, death certificate, and IHT clearance documents; (7) COLLECT SMALL ASSETS FROM INSTITUTIONS WITH INFORMAL PROCEDURES: see below.

Most major banks and building societies will not release funds from an account in a deceased's sole name without a grant of probate, unless the balance falls within the institution's 'small estate' threshold. Each institution sets its own threshold and has its own procedures. TYPICAL THRESHOLDS (AS AT 2026): Barclays: up to approximately £25,000 (subject to review); Halifax / Bank of Scotland / Lloyds: up to approximately £25,000-£50,000 (varies); NatWest / RBS: up to approximately £25,000; HSBC: up to approximately £25,000; Nationwide BS: up to approximately £30,000; smaller building societies: often £5,000-£15,000. These are informal indemnity procedures — the institution pays out on the basis of a signed indemnity from the executor and personal representatives, without requiring the formal grant. The institution takes the risk of paying the wrong person in exchange for the indemnity. WHAT EXECUTORS CAN PRESENT: the institution typically asks for: the original or certified copy death certificate; the original will (or a certified copy); personal identification for the executor; a signed declaration/indemnity that the executor is entitled to receive the funds and will apply them properly. NATIONAL SAVINGS AND INVESTMENTS (NS&I): NS&I Premium Bonds and savings certificates can be repaid to executors without probate if the total NS&I holding is under £5,000 (or sometimes higher for certificates). Where probate is required for NS&I, the executor presents the grant plus a claim form. JOINT ACCOUNTS: a joint account with survivorship rights passes automatically to the surviving account holder on production of the death certificate — probate is not required. PENSIONS AND LIFE INSURANCE: pension death benefits and life insurance proceeds pass outside the will and outside probate — they are paid directly to the nominated beneficiary or, if the policy is written in trust, to the trustees. The executor has no direct access to these funds (though they may be relevant to the IHT calculation). SHARE CERTIFICATES AND INVESTMENT ACCOUNTS: most share registrars and investment platforms (Hargreaves Lansdown, Vanguard, etc.) require the grant of probate before transferring or selling shares in a deceased's sole name, unless the holding is below a small threshold.

Despite the principle that the executor's authority derives from the will at the moment of death, the practical reality is that the grant of probate is required for a wide range of important transactions. Without probate, the executor cannot: (1) SELL OR TRANSFER REGISTERED LAND (REAL PROPERTY): HM Land Registry will not register a transfer of title (TR1 form) where the registered owner is deceased unless a grant of probate or letters of administration is provided. This means the executor cannot: complete a sale of the deceased's property; transfer a property into the beneficiary's name (an 'assent'); discharge a mortgage and register the new owner; or register any other dealing with the deceased's property interest. The only exception is jointly-owned property held as joint tenants — that passes by survivorship (Form DJP at HMRC Land Registry) without requiring a grant; (2) SELL STOCKS, SHARES, AND INVESTMENTS (ABOVE THRESHOLD): share registrars and investment platforms require the grant before executing sales or transferring holdings. CREST (the UK securities settlement system) requires the grant to effect a transfer from a deceased's account. Unit trust and OEIC managers similarly; (3) DISTRIBUTE ANY ASSETS TO BENEFICIARIES: even if the executor is confident of the entitlements, no distribution to beneficiaries should be made before: (a) probate is obtained; (b) the IHT position is confirmed; (c) creditors have had reasonable opportunity to claim (the executor's advertising notice under Trustee Act 1925 s.27 should have been placed). Early distribution creates personal liability for the executor if creditors subsequently appear; (4) DEAL WITH MOST BANK ACCOUNTS (ABOVE THRESHOLD): as noted above, banks will not release funds from sole accounts above their small estate threshold without the grant; (5) TAKE LEGAL PROCEEDINGS IN THE NAME OF THE ESTATE: the executor cannot issue court proceedings in the estate's name before obtaining the grant. The executor can commence proceedings in their own name pending the grant in urgent cases; (6) SUBMIT A SELF-ASSESSMENT TAX RETURN IN THE DECEASED'S NAME: HMRC requires the executor to have authority (via the grant) to file on behalf of the deceased's estate, or use formal authority documents with HMRC.

An executor who delays acting, fails to secure assets, or allows estate assets to be damaged or dissipated before or after the grant is potentially personally liable to the beneficiaries. The duty to preserve assets is part of the executor's overarching duty to administer the estate properly. SPECIFIC DUTIES PRE-GRANT: (1) PROPERTY INSURANCE: notify the deceased's home and contents insurer immediately. Many policies have conditions that if the property becomes unoccupied for a defined period (typically 30-60 days) the policy lapses or is subject to conditions. Failure to notify can leave the estate uninsured against fire, flood, theft, and other damage; (2) DIGITAL ASSETS: the executor should take steps to secure any digital assets (cryptocurrency, online accounts, social media accounts, domain names, digital files of value) before they are accessed by others or lost. Password recovery and account management are pressing early tasks; (3) PERISHABLE OR INCOME-GENERATING ASSETS: a business or farm that forms part of the estate must continue operating (or be wound down in an orderly way) pending the grant. An executor who allows a business to collapse through inaction when reasonable steps could have preserved its value is personally liable for the resulting loss; (4) AVOIDING CONFLICT OF INTEREST: an executor should not use estate assets for their own benefit, pay themselves ahead of creditors, or take steps that benefit themselves at the expense of other beneficiaries before the grant; (5) CREDITORS: the executor should not make payment of specific debts (other than the funeral and urgent preserving costs) before obtaining a full picture of all creditors. If partial payments are made and the estate is insolvent, the executor may be personally liable for improper preference; PERSONAL LIABILITY: if an executor is found to have caused loss to the estate through misconduct or negligence, the court can surcharge them — requiring personal repayment to the estate of the value of the loss. Executors should act promptly, document their decisions, and take professional advice where the estate is complex.