Form PA15, the intermeddling rule, power reserved, what happens when all executors renounce, and how to protect yourself before you decide.
This guide is part of ProbateHelp's Probate Process guide cluster.
Treat PA15 as a permanent step. Rule 37 allows a renunciation to be retracted only with the permission of a district judge or registrar, and permission after a grant to someone with lower priority is limited to exceptional circumstances. Get legal advice immediately if a form has been signed or used by mistake.
Renouncing the executor role does not itself disclaim a gift under the will. Any entitlement still depends on the will's terms and the administration of the estate.
Arranging a funeral or paying personally is not automatically acceptance of the executor role. Using estate money or taking other administrative steps needs closer consideration. Take legal advice before signing PA15 if you have handled estate money, property or debts.
A court citation can require a named executor to accept or refuse probate, but it does not force that person to administer the estate. Get advice promptly if you receive a citation or have already begun acting.
The Non-Contentious Probate Rules set an order of priority for a grant with the will annexed, starting after the executor with specified categories of residuary beneficiary and then other beneficiaries or creditors. The Probate Registry can give directions where necessary. Take advice before renouncing if no eligible person is ready to apply.
No. Scottish law is different. In Scotland, executors are called 'executors-dative' (appointed by the court) or 'executors-nominate' (appointed by the will). The process for declining the role is different and does not use Form PA15. Contact a Scottish solicitor for advice.