How an overwhelmed executor can delegate work, agree costs, reserve power, renounce before acting, appoint an attorney where permitted, and reduce risk.
This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 9 min.
No. Before taking steps that amount to accepting the office, an executor may be able to renounce permanently. They may instead allow another executor to apply while power is reserved, or in some cases appoint an attorney. The correct route depends on what they have already done and the will.
Yes, an executor can obtain legal and other professional help. The executor remains responsible for decisions that are theirs, must supervise the work, and should agree scope and fees before instruction.
No blanket rule makes every fee an estate expense. Proper and reasonable administration costs may be payable from the estate, but personal disputes, unnecessary work or costs caused by misconduct may be challenged. Keep the engagement and invoices.
Where another executor applies, a non-proving executor can be notified in writing that power is being reserved. They do not prove the will at that point, but may later apply while the administration continues, subject to the rules and circumstances.
PA15 is a permanent renunciation of the right to probate. GOV.UK says not to use it if the executor intends to appoint an attorney. Obtain probate advice before signing if there is any doubt.
Use an asset and liability inventory, verify authority before acting, keep estate money separate, document advice and decisions, deal with known claims and tax, keep a reserve, and do not distribute merely because beneficiaries are pressing for payment.