If an executor dies, the administration of the estate can usually continue, but who takes it forward depends on the stage reached. The key questions are whether other executors are still living, whether the will names a substitute, and whether a grant of probate had already been issued before the executor died.
An executor is the person named in a will to deal with the estate of the person who has died. When one of them dies, the law of England and Wales provides several routes to keep the administration moving, from a surviving co-executor simply carrying on, to a fresh application by a beneficiary. This guide walks through each situation. It forms part of our wider guide to What Is Probate? and to being an executor. Information here is general and current as at July 2026.
What happens if an executor dies?
If an executor dies, the estate can still be administered, but the route depends on the stage. Where other executors were appointed, they can generally carry on. Where a substitute is named in the will, the substitute may apply. If neither exists, another entitled person, often a beneficiary, may need to apply instead (gov.uk, applying for probate, as at July 2026, subject to change).
If the executor dies before probate is granted
Where an executor dies before a grant of probate is issued, they never took up the role in a formal sense, so the focus shifts to who else can apply. If the will named more than one executor, the surviving executors can generally apply straight away. If a substitute executor was named and the conditions for substitution are met, that person may apply. If no one else can act, a beneficiary of the will may be able to apply as an entitled person (gov.uk, applying for probate, as at July 2026, subject to change).
| Situation when executor dies before the grant | Who can generally apply |
|---|---|
| Other executors also named in the will | The surviving executors can usually apply on their own |
| A substitute executor named, conditions met | The substitute may apply, alongside any other executors |
| No other executor and no substitute | An entitled person, often a beneficiary of the will, may apply |
Source: gov.uk, applying for probate if there is a will, as at July 2026, subject to change. The right route depends on the exact wording of the will and who survives.
If the executor dies after probate is granted
Once a grant of probate has been issued, the executor has legally taken up the role, so a death at this stage raises a different question: who completes the part of the estate still unadministered. If other executors also obtained the grant, they can usually carry on alone. Where several people were named as executors, a grant to one or some of them lets those proving executors exercise the full powers, as effectively as if all had acted together (Administration of Estates Act 1925, Part II, as at July 2026, subject to change).
Where the executor who died was the sole or last surviving executor, the estate cannot simply be left. What happens next turns on the chain of representation and, where that chain does not apply, a further grant known as administration de bonis non.