My executor died
In short
If your executor dies before you, a co-executor or named substitute acts instead. If they die after taking probate, the role may pass to the executor of their estate (the chain of representation), or a new representative applies for a grant to finish the administration. Appointing more than one executor avoids the estate stalling.
The situation
An executor named in the will has died, or you are worried one might.
What happens legally
Timing determines what happens next:
- If the executor dies before the testator, their appointment lapses and a co-executor or substitute acts.
- If a sole proving executor dies after obtaining probate, the chain of representation can pass the role to the executor of their estate.
- If the chain is broken, a new representative applies for a grant of administration de bonis non to complete the unfinished estate.
- A surviving co-executor simply continues, avoiding these complications.
The risks
- A sole executor dying mid-administration can stall the estate.
- A broken chain of representation requires a fresh application, adding delay.
- Beneficiaries wait longer while a replacement representative is appointed.
Recommended actions
- For your own will, appoint at least two executors or a substitute.
- If an acting executor has died, check for co-executors or the chain of representation.
- Take advice on whether a de bonis non grant is needed.
- Keep estate records organised to help any replacement representative.
Sources
- Administration of Estates Act 1925, s7 (chain of representation) — legislation.gov.uk
- Non-Contentious Probate Rules 1987 — legislation.gov.uk
- GOV.UK — Applying for probate
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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