What happens if an executor of a will dies before the person who made it?

The will stays valid. A surviving named executor acts alone, or if none survives, the residuary beneficiary applies for letters of administration with the will annexed.

What happens if an executor dies during probate?

A surviving co-executor continues alone. If the sole executor dies after taking out the grant, their own executor normally takes over under the chain of representation. If there is no chain, a beneficiary applies for a grant de bonis non to finish the administration.

Can an executor's spouse take over automatically?

No. Only the dead executor's own executor (under their will) inherits the role, and only where the original grant was actually issued. A spouse named as executor in the dead executor's will would qualify; otherwise a new grant is needed.

Duties · 6 min read

What happens if an executor dies?

It is more common than people expect: an executor dies before the person who made the will, or part-way through administering the estate. What happens next depends entirely on timing and on whether a grant was ever issued.

Written and reviewed by Ramani Gill, Founder & CEO — Solicitor, TEP, BA, LLM. Last reviewed 2026-08-19.

If the executor dies before the person who made the will

If the will names another executor, the surviving executor simply acts alone. If the dead executor was the only one named, the will is still valid — but someone else must apply, usually the main (residuary) beneficiary, who receives letters of administration with the will annexed rather than a grant of probate.

If the executor dies after the death but before applying

The same logic applies. A surviving co-executor can apply on their own. Where the sole executor has died, the residuary beneficiary applies for letters of administration with will annexed. The dead executor's own executor has no automatic right to step in at this stage, because the chain of representation only runs through a grant that was actually taken out.

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If the executor dies after the grant: the chain of representation

Where an executor obtained a grant and then died part-way through the administration, their own executor — the executor of their will — automatically steps into their shoes for the original estate. This is the chain of representation, and it can run through several deaths. It breaks if the executor died without a will, without taking out the grant, or was the last surviving executor with no executor of their own.

When the chain breaks

If there is no surviving executor and no chain of representation, someone — usually a residuary beneficiary — applies for a grant de bonis non (a grant 'of the unadministered goods') to finish the administration.

Practical steps

Check the will for substitute or joint executors first
Establish whether a grant was ever issued to the dead executor
If the chain of representation applies, the incoming executor should gather the original grant and the dead executor's own grant
Tell every bank, insurer and agent dealing with the estate about the change
Where a fresh grant is needed, apply before touching further estate assets

GOV.UK — If the person administering the estate dies

Common questions

What happens if an executor of a will dies before the person who made it?: The will stays valid. A surviving named executor acts alone, or if none survives, the residuary beneficiary applies for letters of administration with the will annexed.
What happens if an executor dies during probate?: A surviving co-executor continues alone. If the sole executor dies after taking out the grant, their own executor normally takes over under the chain of representation. If there is no chain, a beneficiary applies for a grant de bonis non to finish the administration.
Can an executor's spouse take over automatically?: No. Only the dead executor's own executor (under their will) inherits the role, and only where the original grant was actually issued. A spouse named as executor in the dead executor's will would qualify; otherwise a new grant is needed.

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