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The appointment lapses automatically. The pre-deceased executor's estate has no claim to the role. If other executors are named, they act. If not, the residuary beneficiary applies for Letters of Administration with Will Annexed.
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Under English and Welsh law, an executor's appointment is personal — it does not pass to their estate when they die. If a named executor pre-deceases the testator (dies before the will-maker), their appointment simply ceases to exist. No formal action is required to "remove" them; the lapse is automatic.
This principle has been part of English law since at least the eighteenth century. It reflects the idea that an executor is chosen for their personal qualities, judgment, and relationship with the testator — qualities that cannot be inherited.
The death of an executor does not affect the validity of the will itself. The will continues to operate and the testator's wishes remain binding. It is only the administrative machinery — who is authorised to carry out those wishes — that needs to be resolved.
Where the will names two or more executors and only one has died, the remaining executor(s) carry on without interruption. They apply for a Grant of Probate in the normal way, noting on the application that one executor has pre-deceased. No special procedure is needed. See our guide on acting as sole executor when multiple executors are named for the practical steps.
If the executor who died was the only one named, there is nobody with authority to apply for probate. In this case, the residuary beneficiary (the person entitled to the remainder of the estate after specific gifts are made) may apply for Letters of Administration with Will Annexed. This grant is functionally identical to a Grant of Probate and is obtained on Form PA1P. The applicant must explain on the form that the sole executor has pre-deceased.
Where every named executor has died before the testator, the position is the same as scenario 2. The residuary beneficiary applies for Letters of Administration with Will Annexed. Where there are multiple residuary beneficiaries, any one of them may apply, or they may apply jointly.
This is a different situation. If the executor survived the testator, the executor's own estate may have a right to take over — under the doctrine of transmission of executorship. If the executor's executor (the person administering the executor's own estate) is willing, they can administer both estates. This is a complex area; professional advice is strongly recommended.
The doctrine of transmission of executorship (sometimes called the "chain of executorship") arises only where:
In this situation, the executor's own executor steps into both roles and can complete the administration of the original estate. The chain can, in theory, continue through multiple links — provided each executor in the chain proves the preceding will before dying.
However, the chain breaks if any executor in it dies intestate ( without a will), if their executor is unwilling to act, or if letters of administration (rather than a grant of probate) are issued in any estate in the chain. In that case, someone else must be appointed to complete the original administration.
This is a specialist probate point. If you are dealing with a chain of executorship situation, consult the pros and cons of using a probate solicitor before proceeding alone.
The best protection against this situation is for the testator to keep their will current. As a general rule, a will should be reviewed every three to five years, or after any significant life event such as:
If you are reviewing a will and an executor has died, a new will or codicil should be executed to appoint a replacement. Failing to do so creates the complications described above.
Good will-drafting practice includes naming substitute or "replacement" executors who step in if the primary executors are unable to act. A typical clause might read: "I appoint [Name] to be my executor. If [Name] is unable or unwilling to act, I appoint [Substitute Name] in their place."
Some testators also name a professional — such as a solicitor or trust corporation — as a substitute, to ensure there is always someone competent and willing to administer the estate regardless of what happens to the individual named executors.
The death of an executor before the testator is one of several circumstances in which the smooth administration of an estate can be disrupted. Related guides cover:
If you are the residuary beneficiary applying for Letters of Administration with Will Annexed because the sole executor has pre-deceased, here are the key steps:
For full guidance on the probate application process, see our complete guide to applying for probate and our probate checklist. If you need step-by-step support, Farra can guide you through the process.
PA1P is for probate with a will; PA1A is for letters of administration without a will. Complete guide to both forms, what to include, and how to submit. UK 2026.
How to apply for Letters of Administration when someone dies without a will. Priority order, the PA1A form, documents needed, and current timescales.
How to formally renounce the executor role. Form PA15, the point of no return, what happens when all executors renounce, and power reserved.
When to use a solicitor for estate administration. Simple DIY estates vs complex ones, typical solicitor fees, and the grant-only service option.
What actions executors can legally take before the Grant of Probate. Arranging the funeral, notifying organisations, and what cannot be done without a grant.
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