Acting as Executor From Abroad: Applying for Probate Remotely

The Legal Position: No Residency Requirement

English and Welsh probate law does not require an executor to be resident in the UK. A Grant of Probate can be issued to an executor living anywhere in the world, and there is no nationality requirement either. The grant gives the executor authority over the UK estate regardless of where the executor is based.

This is different from the position in some other countries — notably the United States, where some states require local administrators for estates. In England and Wales, the executor's personal location is irrelevant to their legal authority.

For a full overview of the probate process, see our complete UK probate guide and our guide on applying for probate.

Applying for Probate From Overseas

The probate application can be made:

You will need all the standard documents. See our probate documents checklist.

Swearing the Executor's Oath Overseas

As part of the probate application, you must swear (or affirm) that the information in your application is true and that you will administer the estate correctly. This is called the executor's oath. In England, it is taken before a commissioner for oaths or solicitor.

When overseas, the oath can be sworn before:

• A British Consular official at a UK Embassy, High Commission, or Consulate in your country
• A local notary public — accepted by the Probate Registry if accompanied by a certificate confirming their authority (an apostille under the Hague Convention may be required for countries that are signatories)

Contact the Probate Registry before completing the oath to confirm the exact requirements for your jurisdiction. Requirements vary and it is better to clarify in advance than to have documents rejected.

Using a Power of Attorney for Practical Administration

While an overseas executor has the same legal authority as a UK-based one, the practical tasks of administering a UK estate from abroad can be challenging — visiting the property, meeting with banks in person, attending to clearances, and managing sales all require physical presence or local representation.

One common solution is to grant a Power of Attorney to a trusted person in the UK — a family member, friend, or solicitor. Under the PoA, they can act on your behalf for specified purposes: for example, managing the property, opening an executor's bank account, or dealing with estate agents.

The PoA must be properly executed and, for some purposes, may need to be witnessed and notarised. A solicitor can prepare one for you. The cost is typically £200–£500.

Dealing With UK Banks and Institutions

Most UK banks will deal with overseas executors by correspondence and will accept certified copies of the Grant of Probate sent by post. However, some institutions may impose additional requirements for overseas applicants — such as notarised identification documents or requirements to attend in person.

Contact each institution individually to understand their specific requirements. Build in extra time — international correspondence adds weeks to the process. See our guide on probate delays and IHT interest to understand the cost of delay.

Overseas Assets: Different Jurisdictions

If the deceased had assets in other countries — property in France, bank accounts in Spain, investments in the USA — a UK Grant of Probate does not automatically give the executor authority over those assets. Each country has its own succession rules and procedures. Some countries will "reseal" or recognise a UK grant; others require a fresh local process.

The UK's EU Succession Regulation arrangements ended at Brexit. Professional advice from a solicitor specialising in cross-border estates is strongly recommended for estates with overseas assets.

Conversely, if the executor needs a grant recognised in Scotland or Northern Ireland, see our guide on resealing a grant of probate across UK jurisdictions.

Consider Renouncing If the Burden Is Too Great

If the practical challenges of acting as executor from abroad are too significant — particularly if the estate is complex, there is a property to manage, or you have significant work or family commitments abroad — you may wish to consider renouncing executorship in favour of a UK-based co-executor or professional administrator. Alternatively, having power reserved allows a UK-based co-executor to act while you retain the right to join the administration later if needed.

Further Reading

• Estate administration checklist
• Probate checklist
• Inheritance tax guide 2026–27
• DIY probate vs solicitor costs
• Debts after death

Farra helps executors wherever they are based — guiding you through the UK estate administration process step by step.