Farra is a death administration assistant for UK families. Get step-by-step guidance for registering a death, applying for probate, notifying banks, and managing bereavement admin. From essential documents to practical checklists, Farra simplifies estate paperwork and funeral-related tasks so you can focus on what matters.
Send a formal written request. If ignored, cite the executor to accept or refuse a grant under NCPR 1987 rr.46-47 — a caveat first (£4), then a citation settled by a registrar (£5), served personally, giving eight days to enter an appearance. If they still will not move, a section 50 application to remove them is a High Court claim with a £663 issue fee plus legal costs that nobody publishes. Citation is by far the cheaper route. If the executor is removed or renounces, beneficiaries apply for letters of administration with will annexed (£526). Protect estate assets meanwhile — notify banks, maintain insurance.
Understanding why can help you resolve the situation:
Common Legitimate Reasons
- Overwhelmed by complexity: Estate involves business assets, foreign property, complex tax, or disputes
- Geographic distance: Lives abroad or far from estate assets
- Personal circumstances: Serious health issues, work commitments, or their own grief
- Family conflict: Disputes with beneficiaries or other executors making role untenable
- Fear of liability: Worried about personal liability for estate debts or IHT
- Didn't know they were appointed: Never given copy of will
Many of these issues can be resolved by hiring professional assistance or working cooperatively.
Problematic Reasons
- Conflict of interest: Executor is also creditor or has competing claim
- Disputing will validity: Wants to contest will they're supposed to execute
- Using position for leverage: Refusing to act until demands met
- Asset misappropriation: Already took estate assets but won't complete process
- Simple refusal: Just doesn't want to do it but won't formally renounce
These situations usually require formal legal action to resolve.
Key point: An executor named in a will has not yet "become" the executor - they only have authority once they obtain the Grant of Probate. Before that, they're simply the person nominated to apply. This means beneficiaries have more leverage than they might think.
Start with non-confrontational contact:
Cost: Free. Often resolves issue - many executors just need reassurance or support.
If informal approach fails, send formal letter (recorded delivery):
Letter should include:
- Your status as beneficiary
- Date of death and will date
- Confirmation they're named executor
- Request they confirm within 14 days if they will act or renounce
- If acting, request probate application within 30 days
- If not acting, request formal renunciation (Form PA15)
- Warning that you'll seek legal remedies if no response
Keep proof of delivery. A solicitor can draft the letter; what that costs is a matter for the firm and is not published anywhere official.
If executor not responding, apply to "cite" them:
The procedure is in rules 46 and 47 of the Non-Contentious Probate Rules 1987. There is no GOV.UK form "PA6" for this — the citation is a document you draft and the registry settles.
The court fees here are small. The cost of drafting, swearing and serving is not, and no official body publishes what a solicitor charges for it.
If citation fails or executor intermeddled (so can't just renounce), apply to court:
Application Type: Section 50 Administration of Justice Act 1985 - remove executor and appoint replacement
Where to apply: the High Court, Chancery Division. CPR 57.13 provides that claims for substitution or removal of a personal representative must be brought in the High Court and are assigned to the Chancery Division, and that every personal representative must be joined as a party
Grounds:
Evidence needed:
Process: File claim → executor files defence (or doesn't) → possible hearing → court order removing executor and appointing you (or other suitable person)
Costs: the issue fee for starting proceedings for a remedy other than money or land is £663 in the High Court and £387 in the county court (fee 1.5, Civil Proceedings Fees Order 2008). Note that CPR 57.13 requires a claim for substitution or removal of a personal representative to be brought in the High Court, assigned to the Chancery Division. Legal costs on top of that are not published by any official body, and any range you see quoted is somebody's estimate
If executor agrees to step aside, they must formally renounce:
⚠️ Critical: Renunciation Only Possible If Haven't "Intermeddled"
Executor cannot renounce if they've already acted as executor (called "intermeddling"):
If they've intermeddled, only option is court application to remove them and appoint replacement. They cannot just walk away.
Once executor renounced or removed, you can apply if you're a residuary beneficiary:
Application Process (Letters of Administration with Will Annexed):
Gather documents:
- Original death certificate
- Original will (and codicils)
- Executor's renunciation (Form PA15) or court order removing them
- Estate valuation and IHT forms
Complete application: apply online, or by post on form PA1P. PA1P is the form where the person left a will, which is the case here — PA1A is for an estate with no will and is not the right form for letters of administration with will annexed
Explain executor situation: In application, note that named executor renounced/removed
Pay fee: £526 (free if estate under £5,000)
Answer any queries: respond to any request from the Probate Service for further information
Receive grant: "letters of administration with will annexed". GOV.UK says you will usually get the grant within 12 weeks of submitting the application, longer if further information is needed
This grant gives you same authority as executor would have had.
You have identical duties and authority as executor would have:
While resolving executor issues, protect the estate:
Immediate Actions:
- Notify banks and institutions: inform them of the death. Each institution sets its own rules about what it needs before releasing funds, and those rules are not published as a group — ask the bereavement team what it requires.
- Secure property: Ensure house locked, change locks if needed, maintain insurance
- Document assets: Photograph valuable items, inventory contents
- Notify HMRC: Register death even without probate
- Pay essential bills: Keep utilities, mortgage, insurance current if possible
If Assets at Immediate Risk:
Apply to court for emergency orders if executor:
- Is removing or selling assets inappropriately
- Refusing to maintain property or insurance
- Allowing assets to deteriorate
- Has conflict of interest and acting against estate interests
Available court orders:
- Freezing order: Prevents disposing of assets
- Delivery up order: Requires executor to deliver assets to court or solicitor
- Emergency grant: Expedited grant to replacement administrator
- Injunction: Prevents specific harmful actions
These are expensive and only for genuine emergencies — a judge has to be convinced the assets are genuinely at risk. What they cost depends entirely on the case and is not published anywhere official.
| Action | Official fee | Source |
|---|---|---|
| Informal approach | None | — |
| Entering or extending a caveat (needed before a citation) | £4 | Non-Contentious Probate Fees Order 2004, Sch.1 fee 4 |
| Settling a citation (per document settled) | £5 | Non-Contentious Probate Fees Order 2004, Sch.1 fee 11 |
| Issuing a s.50 claim (non-money remedy) | £663 High Court / £387 county court | Civil Proceedings Fees Order 2008, Sch.1 fee 1.5 |
| Grant application (estate over £5,000) | £526 | Non-Contentious Probate Fees Order 2004, Sch.1 fee 1 |
| Solicitors' costs, mediators' fees, process servers | Not published | No official body publishes a scale — get a quote in writing |
Only the court fees above are set by law. Everything else is a private charge, and any "typical" range you find quoted for these disputes is an estimate rather than a published figure. Timeframes are the same: no official body publishes how long a citation or a s.50 application takes.
Cost recovery: If successful in court application, executor may be ordered to pay your costs from estate or personally if they acted unreasonably.
❌ Taking matters into your own hands
Don't access estate assets or act as if you're executor without grant. This can create legal liability and complicate getting proper grant.
❌ Skipping formal written request stage
Court expects you to follow proper escalation. Going straight to citation or court without formal letters weakens your case.
❌ Delay in taking action
The longer you wait, the more estate assets are at risk and the weaker your urgency argument. Act within weeks, not months.
❌ Not documenting all communication
Keep copies of all letters, emails, notes of phone calls with dates. This is your evidence if court action needed.
❌ Aggressive or threatening approach
Professional, measured tone more effective. Threatening language can make you look unreasonable to judge if litigation follows.
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