What is the chain of representation?

The chain of representation means that when a sole proving executor dies, the executor of their estate automatically becomes executor of the original estate too. The chain only continues through executors who themselves obtained probate, and it is broken if any executor in the line dies without proving a will.

What is administration de bonis non?

It is a grant that allows a new representative to complete the administration of an estate that was left unfinished, for example where a sole executor died without continuing the chain of representation. It applies to the assets not yet administered.

What happens if an executor dies?

Q: What happens if an executor dies?

It depends on timing. If an executor dies before the person whose will it is, any co-executor or substitute acts instead. If an executor dies after probate is granted, the chain of representation may pass the role to the executor of that executor, or a new representative applies for letters of administration de bonis non to finish the estate.

England & Wales · Executors

Quick answer

It depends on when the executor dies. If they die before the person whose will it is, a co-executor or named substitute acts instead. If they die after probate has been granted, the "chain of representation" may pass the role to the executor of that executor, or a new representative applies for a grant of administration to finish the estate. The estate is never left stranded.

Detailed explanation

The consequences of an executor dying turn entirely on timing.

If the executor dies before the testator. Their appointment simply falls away. Any surviving co-executor continues, or a substitute executor named in the will steps in. If no executor is left able to act, someone entitled under the will can apply for "letters of administration with the will annexed."

If the executor dies after taking the grant of probate. Two routes are possible:

Chain of representation. If a sole proving executor dies, and they themselves left a will with a proving executor, that person automatically becomes executor of the first estate too. The chain continues only through executors who obtained probate, and breaks if anyone in the line dies intestate or without proving a will.
Administration de bonis non. If the chain is broken, a new representative (usually a residuary beneficiary) applies for a grant "de bonis non administratis" — meaning "of goods not yet administered" — to complete the unfinished administration.

A surviving co-executor avoids all this complexity, which is one of the strongest arguments for appointing more than one executor in the first place.

Example scenario

Brian is the sole executor of his late mother's estate and obtains probate. Halfway through the administration, Brian dies. Brian's own will named his daughter as his executor, and she obtains probate of Brian's estate. Through the chain of representation, she automatically becomes responsible for completing his mother's estate too — no separate application is needed.

Planning tip: Appointing two executors, or naming a substitute, prevents the estate from stalling if your first choice dies. It is the simplest safeguard against this problem.

Sources

Administration of Estates Act 1925, section 7 (chain of representation) — legislation.gov.uk
Non-Contentious Probate Rules 1987 — legislation.gov.uk
GOV.UK — Applying for probate

Reviewed by: Michael Smith, Estate Planning Specialist
Last reviewed: June 2026
Next review: December 2026
Jurisdiction: England & Wales

Make your estate resilient.

The free ClearLegacy Estate Risk Assessment checks whether your executor plan has a backup.

Check my estate risk

What happens if an executor dies?

Detailed explanation

Sources

Related questions

Make your estate resilient.