What Happens If an Executor Dies UK (2026)? Before & During Probate

If an executor named in a will predeceases the testator (the person who made the will), that executor's appointment simply lapses. The appointment is personal and does not pass to the executor's own estate or heirs. If the will names only one executor who has predeceased the testator, and no substitute executor was named, the will is left without an executor. In that case, the Probate Registry must appoint an administrator to deal with the estate. The administrator is typically the residuary beneficiary — the person entitled to the bulk of the estate — who applies for letters of administration with the will annexed. This person has the same powers as an executor but derives their authority from the court appointment, not the will. If there are multiple executors and only one has predeceased, the remaining executors can act.

If the executor has not yet applied for the grant of probate (or has been appointed but the grant has not yet issued), their own executor steps in under the 'chain of representation' doctrine (Administration of Estates Act 1925, s.7). The chain of representation means: if executor A (for the original estate) dies before obtaining probate, and A's own estate is administered by executor B, then B becomes the executor of the original estate as well. B can apply for probate of both estates simultaneously. However, the chain only operates if A's own estate is proved by a sole executor — if A's estate has no executor (or A died intestate), the chain is broken and an administrator must be appointed for the original estate by the court.

The chain of representation is the statutory rule under section 7 of the Administration of Estates Act 1925 that connects the administration of successive estates. It allows the executor of a deceased executor to stand in their shoes and complete the administration of the original estate. Example: A makes a will naming B as executor. B applies for probate but dies before completing the administration. B's estate is administered by C (B's executor). Under the chain of representation, C is now authorised to complete the administration of A's estate — without a separate court appointment. The chain can continue through multiple generations of executors, provided each has a sole executor. The chain breaks if any executor in the line dies intestate, is themselves administered by administrators (not executors), or leaves no estate requiring probate.

Letters of administration de bonis non administrat (abbreviated to de bonis non or DBN) are a form of court-issued authority granted when an existing grant of probate or administration has lapsed — typically because the executor or administrator has died mid-administration without completing the estate. When the chain of representation is broken and there is no surviving executor or administrator, an interested party (usually a residuary beneficiary) must apply to the Probate Registry for a fresh grant of letters of administration de bonis non. This grant authorises the new administrator to deal with any outstanding estate assets and liabilities. The process requires an application to the Probate Registry, production of the original grant, and evidence of the executor's death.

If the sole executor dies mid-administration (after obtaining probate but before completing the distribution of the estate), the authority derived from their grant of probate dies with them — there is no remaining executor to continue. The assets left in the estate become 'unadministered'. The chain of representation may apply (if the executor's own estate is proved by a sole executor — see above). If the chain is broken, an application must be made to the Probate Registry for letters of administration de bonis non, which grants a new administrator authority to deal with the outstanding estate. In the meantime, estate assets are effectively frozen — no transactions can be validly made on behalf of the estate until a new grant is issued.

The best prevention is careful drafting of the will: (1) Name at least two executors — if one dies, the other(s) can continue without any court involvement. (2) Name substitute (or 'replacement') executors — include a clause such as 'if my executor X is unable or unwilling to act, I appoint Y as substitute'. This is the most important safeguard if you only have one primary executor. (3) Review your will regularly — the executor named twenty years ago may themselves be elderly, ill, or deceased. Update your will after any life event, including the death of a named executor. (4) Consider a professional executor — a solicitor or trust corporation will survive longer than an individual. They charge the estate a fee, but administrative continuity is guaranteed. In all cases, tell your executors they are named, where your will is, and check periodically that they remain willing and able to act.

Yes — an executor who has not yet intermeddled in the estate (i.e. has not taken any steps to administer it) may renounce their appointment by signing a Deed of Renunciation. Renunciation is formal and permanent: once renounced, the executor cannot later change their mind and resume the role (unless the court permits in exceptional circumstances). If an executor has already taken some steps in the administration (intermeddled), they are bound to continue and cannot renounce without a court order. On renunciation, if a co-executor is named, they administer alone. If the renouncing executor was the only one named, the residuary beneficiary must apply for letters of administration with the will annexed.