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Yes. Where a will names multiple executors, any one of them may apply for and receive a Grant of Probate alone, provided the others either formally renounce or have power reserved. You will hold full legal authority to administer the estate. This guide describes England and Wales.
Testators (those making a will) commonly name two or more executors for several reasons: to share the administrative burden, to provide a check on each individual executor's decisions, to ensure continuity if one executor dies or becomes unable to act, and to reflect close relationships with multiple trusted individuals.
In practice, however, circumstances change between the date the will is made and the date of death. Co-executors may have moved abroad, become estranged, developed ill health, or simply no longer wish to take on the role. The law accommodates all of these realities by allowing a Grant of Probate to issue to fewer than all the named executors.
See our estate administration checklist to understand everything the sole acting executor will need to do.
When a co-executor does not apply for probate alongside you, they fall into one of two categories:
The co-executor declines to act at this stage but retains the right to apply for probate later if required. They do not formally renounce. The grant issues to you alone, but the co-executor's appointment is preserved.
This is often the preferred approach where a co-executor is temporarily unable to act (for example, due to illness or being overseas) or where you wish to keep the option open in case you yourself become unable to continue. See our dedicated guide on power reserved for full details.
The co-executor permanently gives up their right to act on form PA15, which they sign and hand to you to file with your application. They are discharged from all duties and cannot later take a grant unless a district judge or registrar gives leave to retract the renunciation under rule 37(3) of the Non-Contentious Probate Rules 1987.
Renunciation is appropriate where the co-executor definitively does not wish to be involved. For guidance on the renunciation process, see our guide on renouncing executorship.
A co-executor who has neither renounced nor applied for probate is in a limbo position. Rules 46 and 47 of the Non-Contentious Probate Rules 1987 provide the way out: a citation to accept or refuse a grant, which may be issued at the instance of anyone who would themselves be entitled to a grant if the person cited renounced. There is no PA-numbered form for it — a citation issues from the Principal Registry or a district probate registry and is settled by a district judge or registrar before issue, and it must normally be served personally. A person cited has eight days from service, inclusive of the day of service, to enter an appearance. If that period expires without an appearance, the citor may then apply for a grant to themselves — it is an application, not something the registry does automatically.
The application process is the same as for a joint application. You complete Form PA1P and submit it to the Probate Registry along with:
On the application form, you will be asked to account for every other named executor and to give a reason for each: form PA1P lists power reserved, renunciation, appointment of an attorney, lack of capacity, and death before or after the deceased as the possible answers. If you reserve power, you must also declare that you have given written notice of the application to each executor to whom power is reserved — rule 27(1) of the Non-Contentious Probate Rules 1987 requires it. The grant then issues to you as the sole applying executor, recording the position of each co-executor.
For a full walkthrough, see our guide on applying for probate and our probate documents checklist.
Acting alone does not reduce your responsibilities — it concentrates them. You carry the full legal duties of an executor, including:
You also carry personal liability for errors. If you overpay a beneficiary, miss a creditor, or fail to pay the correct tax, you may be sued or required to make good the loss from your own pocket. This is a serious responsibility that sole executors should not underestimate.
If a co-executor who has power reserved later wishes to join the administration — for example, because a complex dispute has arisen — they apply for a grant of double probate: a second grant of probate in the same estate, running alongside yours. It is not a grant de bonis non, which is a different thing altogether — the grant made where a personal representative dies leaving the estate only part-administered.
The practical effect is that they act as a co-executor from then on. Decisions already validly taken are not revisited, but future ones are taken by both of you. The reverse also exists: under rule 47(2) an executor who has proved may cite an executor with power reserved to accept or refuse a grant, which forces the question rather than leaving it open indefinitely.
Acting as sole executor on a complex estate is demanding. The following resources can help:
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