When someone passes away, the responsibility of managing their estate, including property, possessions and financial affairs, falls to the executor named in their will.
But what happens if the will appoints more than one person? Can more than one person apply for probate, or does it have to be a single executor?
In the UK, a will can name up to four executors, and all appointed executors share equal responsibility for carrying out the deceased’s wishes.
Often, one executor is appointed as the lead to act as the main point of contact and ensure the process runs smoothly. However, when multiple executors are named, they must agree on who will apply for probate.
Below, we explain how probate works when there are multiple executors, including the options available to executors who may not wish to act, and practical considerations for administering an estate jointly.
Can Only One Executor Apply For Probate?
While only one executor is required to apply for a Grant of Probate, a will can name several people as executors. Although multiple executors can be named, the law allows a maximum of four executors on the Grant of Probate.
If a will names more than one executor, it is not necessary for each to submit a separate probate application. Instead, all executors must agree on who will apply, and one is usually appointed as the lead to act as the main point of contact with the Probate Registry.
It’s important to note that multiple applications for the same estate will not be accepted. All executors who intend to act must be named on the application. If only one executor submits it, they must show that they made reasonable efforts to contact the other executors.
Probate Choices for Executors
When a will names two or more executors, known as joint executors, they are expected to act together. No single executor can make decisions or take action without the agreement of the others.
Before estate administration begins, each executor must decide whether to take on the role, step aside, or reserve their powers.
Renouncing as an Executor
Executors can choose to renounce their duties, formally stepping down from estate administration. This is only possible if the executor has not already undertaken any work on the estate, as early involvement is considered intermeddling.
To renounce, the executor must sign a deed of renunciation, a legal document confirming that they will have no involvement in the estate’s administration.
This step is typically irreversible, so it’s important to consider the decision carefully and to have the deed prepared by a solicitor to ensure it is legally valid.
Notice of Power Reserved
Another option is a Notice of Power Reserved, which allows an executor to step back temporarily while retaining the right to participate later if needed. Unlike renunciation, this is not permanent. An executor who initially reserved their powers can step in later if they choose.
Holding power reserved can be especially useful in practical situations, such as when a co-executor lives abroad. It avoids the need for all paperwork to be sent to them for signatures, while still keeping their legal right to participate.
It’s important to note that this process only applies when there are multiple executors. If you are the sole executor of a will and do not wish to carry out the role, a Notice of Power Reserved cannot be used.
In that situation, a separate application must be made to the court, which will issue a Grant of Probate reflecting the change in executor responsibilities.
Applying for Probate: Multiple Executors
If multiple executors are appointed and none choose to renounce or reserve their powers, they will need to act together to manage the estate.
The executor(s) who will act then apply to the Probate Registry for the Grant of Probate, which gives them the legal authority to manage the estate.
For multiple executors, all actions must be coordinated. Each executor makes decisions together, signs forms as required, and communicates directly with banks, financial institutions, and other asset holders.
Even with joint executors, many choose to instruct a probate solicitor to handle the complex aspects of estate administration. This includes tasks such as calculating Inheritance Tax, preparing estate accounts, and managing correspondence.
Executors remain responsible for signing key documents, but delegating these tasks can help streamline the process and reduce the risk of errors.
Appointing More Than One Executor
Choosing the right executors is a critical decision when making a will. Executors should have good relationships with one another and with the beneficiaries to prevent disagreements that could cause tension or delay administration.
Potential conflicts of interest should be avoided where possible. Executors have authority over personal belongings, property, and funeral arrangements, and disagreements in these areas can be costly and emotionally challenging.
If suitable family members or friends are unavailable, or if there is concern about potential disputes, appointing a professional executor, such as a probate solicitor, can be a sensible solution.
This can protect family relationships, ensure the estate is managed efficiently, and prevent disagreements that may be expensive or stressful.
Intestacy Explained: What Happens When Someone Dies Without a Will?
When a person dies without leaving a valid will, there is no executor appointed to take charge of their affairs. In these cases, the estate must be distributed according to the intestacy rules, which set out who can inherit and how the estate should be shared.
Since no executor exists, someone who is entitled under these rules, usually a close relative, must apply to the Probate Registry for a Grant of Letters of Administration. This legal authority allows them to gather the deceased’s assets, settle any debts and liabilities, and distribute the remaining estate in accordance with the statutory rules.
The law also sets out a clear order of priority for who may apply, beginning with a surviving spouse or civil partner and then moving to children and other relatives if necessary.
Where more than one person has an equal right to act, such as when the deceased leaves children but no partner, those individuals can apply together and administer the estate jointly, in much the same way as joint executors would under a will.
As with probate, the process can be complex and emotionally demanding, and seeking professional advice can help ensure the estate is handled correctly and without unnecessary difficulty.
How Can We Help
At Harding Evans, we understand that dealing with probate can feel overwhelming during such an emotional time.
Our experienced probate solicitors can act as professional executors, helping to manage the estate and reduce the risk of disputes between family members. Our team can ensure all legal requirements are met, from applying for the Grant of Probate to handling tax and distributing assets.
Get in touch to speak with one of our Wills & Probate Solicitors and find out how we can support you.
