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.

The Statement of Truth (No Oath to Swear)

As part of the probate application, you confirm that the information in your application is true and that you will administer the estate correctly. This declaration is called the statement of truth.

You may see older guidance referring to swearing the executor's oath in person before a commissioner for oaths, solicitor, notary or British Consular official. The Non-Contentious Probate (Amendment) Rules 2018 removed that requirement with effect from 27 November 2018, replacing the oath with a statement of truth. For a standard application there is nothing to swear in person: you confirm the statement of truth when you apply through the GOV.UK "Apply for probate" service, or by signing the statement printed on form PA1P if you apply by post. (MyHMCTS is the separate portal for solicitors and probate practitioners; a lay executor does not use it.) This makes the process considerably simpler for overseas executors, with no consulate or notary appointment to arrange.

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. No official body publishes what a solicitor charges to prepare one, so ask for a fixed quote.

There is also a narrower option specific to probate. An executor may appoint an attorney to take the grant on their behalf, using form PA11. Note the constraint HMCTS sets out on form PA1P: the attorney of one executor and an executor acting in their own right may not jointly apply for a grant.

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.

One point often stated wrongly: the UK never participated in the EU Succession Regulation (Regulation 650/2012, sometimes called Brussels IV). The UK, Ireland and Denmark all opted out of it, so Brexit changed nothing here — a UK grant did not have EU-wide effect before 2020 either. Each country's own succession law and procedure applies to assets situated there.

Within the UK the position is different again, and simpler than it is often described. Section 1 of the Administration of Estates Act 1971 provides for reciprocal recognition: a Scottish confirmation noting Scottish domicile, and a Northern Irish grant, are treated as equivalent grants in England and Wales without being resealed, and the Act works the same way in the other direction. For the detail, 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