Multiple Executors: How Probate Works With More Than One

It is very common for a will to name two, three, or even four executors. The testator may have wanted checks and balances, or simply could not choose between family members. Whatever the reason, multiple executors must work together, and the legal rules for how they do so are strict. This guide explains how probate works when more than one executor is named, including what happens when things become complicated.

Who Can Apply: Maximum Four Executors

A maximum of four executors can apply for a single Grant of Probate. If the will names more than four, any additional executors must either step back or have power reserved to them. In practice, most wills name two or three executors.

All named executors do not have to apply. An executor can:

• Apply jointly with the other executors as a proving executor
• Renounce the role permanently (see our guide on renouncing probate)
• Have power reserved, meaning they do not apply now but keep the right to apply later if needed

The grant will be issued to whoever applies (the proving executors), with a note about any others who have renounced or had power reserved.

Acting Jointly: The Core Rule

The most important rule for multiple executors is that they must act jointly on every significant decision. Unlike company directors who can pass decisions by majority vote, executors cannot act by a simple majority. All proving executors must agree.

This applies to:

• Selling or transferring property
• Accepting or rejecting a sale price
• Paying debts and deciding the order of payment
• Distributing assets to beneficiaries
• Instructing solicitors or other professionals
• Making investment decisions during administration

In practical terms, this means all proving executors need to sign key documents, agree to transactions, and be kept informed throughout. One executor cannot go ahead without the others.

What Happens When Executors Disagree

Disagreements between executors are one of the most common sources of delay and stress in estate administration. Because decisions require unanimous agreement, even one dissenting executor can bring the process to a standstill.

Options when executors cannot agree:

Negotiation and mediation

The first step is always to try to resolve the disagreement directly. If the dispute is serious, family mediation or estate mediation (a structured process with a neutral third party) can help reach a resolution without going to court.

Application to court for directions

If agreement cannot be reached, any executor can apply to the court for directions. The court can order the executors to take (or not take) a particular course of action. This is expensive and slow, but sometimes unavoidable.

Removal of an executor by the court

In serious cases, where an executor is acting improperly or the dispute is so deep that administration is being blocked, a beneficiary or co-executor can apply to the court to have an executor removed and replaced. This is a significant step and requires clear grounds.

If an Executor Dies Before Applying

If one of the named executors dies before applying for probate, the other named executors can still apply. The deceased executor's name will simply not appear on the grant. Check the will to see whether any substitute executors are named to cover this situation.

If the deceased executor was the only one named (a sole executor who dies before applying), the residuary beneficiaries can apply for Letters of Administration with Will Annexed.

If an Executor Dies During Administration

This is more complicated. If a proving executor dies after the grant has been issued but before the estate is fully administered, the administration does not automatically stop. What happens depends on who else is acting:

• If there are surviving proving executors: They can continue to administer the estate using the existing grant.
• If the deceased executor was the sole proving executor: The chain of representation may apply. The executor of the deceased executor's estate steps into their shoes and can complete the administration.

The chain of representation is a technical legal concept that can create complex situations. If this arises, seek legal advice to confirm the position.

If an Executor Loses Mental Capacity

If a proving executor loses mental capacity during administration, they can no longer act. Their attorney under a lasting power of attorney (if one exists) may be able to step in on their behalf, but only for property and financial affairs matters. If there is no attorney, a court-appointed deputy may be needed. Remaining proving executors can generally continue, but the grant may need to be amended if the incapacitated executor was the sole or primary actor.

Professional Executors: Solicitors and Banks

Some people name a solicitor or a trust corporation (such as a bank's trust department) as an executor, either alone or alongside family members. This has advantages and disadvantages:

Advantages	Disadvantages
Professional expertise and experience	Fees can be substantial (often 1.5% to 4% of the estate value)
Neutral third party, reducing family conflict	Less personal knowledge of the deceased's wishes
Can deal with complex assets and tax	Slower decision-making in some cases
Continuity if family executor dies or becomes ill	Fee entitlement usually written into the will itself

If a bank or solicitor is named as executor alongside family members, they will generally charge their standard professional rates. These are paid from the estate before distribution to beneficiaries.

Conflicts of Interest

Conflicts of interest are common where executors are also beneficiaries, which is the case in most family estates. Being both executor and beneficiary is entirely legal and normal. However, more significant conflicts can arise:

• An executor who owes money to the estate: They may be reluctant to call in the debt. Remaining executors or beneficiaries can compel them to do so.
• An executor who is in dispute over the will: For example, contesting a specific gift. They should consider whether they should act, and legal advice is needed.
• An executor who stands to benefit from a particular transaction: For example, buying estate property at an undervalue. This is generally not permitted without court approval or full disclosure and consent from all beneficiaries.

Where a conflict exists, the affected executor should make full disclosure and take legal advice. In serious cases, they may need to step down from the role in respect of the conflicted decision, or altogether.

Practical Tips for Multiple Executors

• Agree early on how you will communicate: Set up a group email or shared document so all executors are kept informed of every development.
• Decide who will take the lead: One executor can take a coordinating role without acting unilaterally. This prevents duplication and confusion.
• Document every decision: Keep a record of when decisions were made, who agreed, and on what basis. This protects everyone if the process is ever questioned.
• Open a joint executor bank account: All estate funds should flow through a single account that requires the agreement of the executors to operate.
• Get professional help for disputes early: The longer a disagreement runs, the more costly and damaging it becomes for the estate and the family relationships involved.