What Can an Executor Do Before Probate Is Granted?

The period between the death and the receipt of the Grant of Probate can take anywhere from a few weeks to several months. During this time, executors often feel uncertain about what they are permitted to do. This guide explains the legal position clearly, so you can act with confidence in the immediate aftermath of a bereavement.

What You Can Do Before Probate Is Granted

The law recognises that some actions must be taken before a Grant of Probate is available — particularly around the funeral and immediate protection of assets. The following are generally permissible before the grant is received:

• Arrange and attend the funeral: organising the funeral is one of the most important early duties of an executor. You can instruct a funeral director, make arrangements for burial or cremation, and pay for the funeral. However, the mechanics of payment — especially from the deceased's own accounts — are subject to the bank's own policies (see below).
• Notify relevant organisations: you should contact banks, pension providers, the DWP (to cancel benefits), HMRC, the deceased's employer, and any other relevant organisations as soon as possible after the death. You are not taking any financial action — you are simply informing them.
• Collect and safeguard important documents: gathering the will, financial documents, property deeds, insurance policies, and other paperwork is essential preparation. This is an informational, not financial, action.
• Value the estate: obtaining valuations of all estate assets (property, investments, personal effects) is required before you can complete the probate application. You can commission estate agent valuations, contact investment providers, and arrange for professional appraisals before the grant.
• Protect estate property: if the deceased owned a property, you can and should ensure it remains insured, is properly secured, and is maintained during the administration period. You may change locks if necessary. Estate property insurance must be in place throughout.
• Apply for probate itself: completing the IHT forms (where required), the PA1P application form, and submitting these to the Probate Registry is something you can and must do before the grant is issued.

What You Cannot Do Before Probate Is Granted

Without a Grant of Probate, you do not have the formal legal authority to deal with the deceased's assets. The following actions must wait until after the grant is received:

• Sell the deceased's property: a property cannot legally be transferred from the estate without the Grant of Probate. You can market the property and accept an offer, but exchange of contracts cannot take place until you hold the grant.
• Close the deceased's bank accounts: most banks will freeze accounts on notification of a death and will not release funds or permit closure without sight of the Grant of Probate (for amounts above their small estates threshold — typically £5,000–£50,000 depending on the institution).
• Sell or transfer investments: shares, unit trusts, ISAs, and other investments held in the deceased's name cannot be formally transferred or liquidated before the grant.
• Distribute anything to beneficiaries: no estate assets should be given to beneficiaries before you have the grant, have paid all debts and taxes, and have confirmed what each beneficiary is entitled to.

Paying Funeral Costs Before Probate

Funeral costs are often the most pressing financial issue in the immediate aftermath of a death. There are several mechanisms that can help:

• Funeral directors waiting for payment: most reputable funeral directors understand that probate takes time and will extend payment terms for the funeral account until probate is granted and funds are released. This is common practice — do not hesitate to ask.
• Banks releasing funds for funeral costs: many banks operate a policy of releasing funds specifically to cover funeral costs before the Grant of Probate is issued, provided you can show an invoice from the funeral director. The amount released varies by bank but is commonly up to £5,000–£10,000. Contact the deceased's bank directly to ask about their specific policy.
• Funeral Expenses Payment: if you are in financial difficulty yourself, the DWP's Funeral Expenses Payment can provide financial assistance. Eligibility depends on your personal benefits status.
• Personal payment and later reimbursement: if you pay funeral costs from your own funds initially, you are entitled to reimburse yourself from the estate once probate is granted. Keep all receipts and records.

Acting as Executor vs Intermeddling: The Legal Distinction

There is an important legal distinction between taking informational or protective steps as executor before probate, and taking financial actions that constitute "intermeddling".

Informational and protective actions — notifying organisations, collecting paperwork, arranging valuations, securing property — are generally safe and expected of an executor acting diligently.

Financial transactions — accessing the deceased's accounts, selling assets, paying debts from estate funds, or distributing assets — constitute intermeddling. Once you have intermeddled, you can no longer renounce the executorship.

The practical significance: if you later decide you do not want to be executor, the ability to renounce using Form PA15 depends on your not having intermeddled. So if there is any chance you might want to step down, take only informational and protective steps until you have made a firm decision.

Legal Proceedings: Standing Before the Grant

One less well-known aspect of executor authority is that, under English law, a named executor has the right to bring or defend legal proceedings in their representative capacity even before the Grant of Probate is issued. This is known as the executor's "title by will" — the grant is confirmation of the appointment, not the source of it.

This means that if the estate has a claim that is time-sensitive (for example, a claim that might otherwise expire under the Limitation Act), you can take steps to protect that claim before probate is granted. Equally, if a claim is brought against the estate, you can respond in your representative capacity.

In practice, this situation arises rarely for most estates. But it is reassuring to know that the gap between death and probate does not leave the estate legally vulnerable if prompt action is needed.