What to Do if an Executor Will Not Act

If an executor will not act, the estate can usually still be dealt with. A named executor is entitled to take on the role but is not forced to, so where one stalls, refuses or cannot be found, there are recognised ways to move an estate forward through the probate registry.

An executor is the person named in a will to administer the estate: gathering assets, paying debts, and distributing what is left (gov.uk, applying for probate). Problems arise when a named executor does nothing, cannot cope, has fallen out with the family, or has died. This guide sets out the practical routes, from an informal conversation to a court application, and forms part of our wider What Is Probate? guide. It describes the law of England and Wales.

What does "executor not acting" actually mean?

It covers several situations that look similar but are handled differently. An executor may be unwilling to act, unable to act through ill health or absence, slow rather than refusing, or may have died before finishing the job. Being named in a will does not compel anyone to act, so the first task is usually to work out which of these applies, because the right route depends on it.

• Unwilling. The person named simply does not want the responsibility.
• Unable. Illness, loss of capacity, or living abroad makes acting impractical.
• Slow or unresponsive. They have not renounced but are not progressing matters either.
• Deceased. The named executor has died before or during the administration.

First steps before anything formal

Talking to the executor is usually the sensible starting point, and putting concerns in writing helps. Citizens Advice suggests raising the problem with the executor directly, ideally in writing, and keeping a copy in case it is needed later as evidence (Citizens Advice, dealing with the affairs of someone who has died). Many delays turn out to be practical rather than deliberate, so a clear letter often resolves matters before any form is filed.

An executor who is simply overwhelmed is a very different problem from one who is deliberately obstructing an estate, and the two are rarely solved the same way.

Comparing the main routes

The route depends on what the executor is willing to do. An executor who is happy to step aside can renounce or hold power reserved without a dispute. One who does nothing may need to be cited or, where there are grounds, passed over or removed by the court. The table sets out the common options and the usual gov.uk starting point for each.

Sources: gov.uk, applying for probate; legislation.gov.uk. General information for England and Wales, as at July 2026, subject to change.

Renouncing and holding power reserved

These are the two calm routes for an executor who simply does not want the job. Where several executors are named, one can choose not to apply now but reserve the right to apply later, known as holding "power reserved" (gov.uk, applying for probate: if there's a will). An executor who wants to step aside for good, and who has not started dealing with the estate, can renounce using form PA15 (gov.uk, form PA15).

An important caution: renouncing usually only works if the executor has not already started to deal with the estate, sometimes called intermeddling. Someone who has begun collecting assets or paying bills may no longer be able to walk away simply. Because that line can be fine, many people check the position with a qualified professional before signing a renunciation.

If only one executor is applying

Where more than one executor is named but only one applies, that person generally has to show they tried to contact the others first. gov.uk notes that if only one executor is named on the application, they will need to prove that they tried to contact all executors named in the will before they applied (gov.uk, applying for probate: if there's a will). Keeping copies of letters and emails to the other executors therefore matters.

Passing over and removing an executor

Where an executor cannot simply be sidestepped, the court has powers to intervene. Under section 116 of the Senior Courts Act 1981, if special circumstances make it necessary or expedient, the High Court may appoint someone other than the person who would ordinarily be entitled to the grant, known as "passing over" (legislation.gov.uk, Senior Courts Act 1981, s.116). A separate power allows the court to substitute or remove an executor in appropriate cases.

These are court applications and are not undertaken lightly, since the court weighs the interests of the estate and its beneficiaries. Grounds might include serious delay, conflict of interest, or misconduct, but each case turns on its facts. Because removal is contentious and evidence-heavy, it is one option some consider only with a solicitor. Our note on removing an executor looks at this route in more detail.

• Passing over. The court appoints an alternative administrator where special circumstances apply.
• Substitution or removal. An executor may be replaced or removed where the court thinks it right.
• Evidence. These applications generally need clear records of the delay or the problem.

Executors in Scotland and Northern Ireland

This guide describes England and Wales, and the other UK nations differ. Scotland uses its own system of executry, with confirmation from the sheriff court rather than a grant of probate, and different terminology and procedures apply. Northern Ireland has a separate but broadly similar system to England and Wales, with its own probate office. Where an estate touches more than one UK nation, it can be worth taking advice in each. For the wider picture, see our estate planning guide.

Frequently asked questions