• Emma Walsh

How Do I Apply For Probate As An Executor?

An executor is someone named in a will as responsible for sorting out the estate of the person who’s died. The person who died will normally have told you if you’re an executor. You’ll need the original will to apply for probate.

Find the original Will

The person who died should have told all the executors where to find the original will and any updates, for example:

  • at their house

  • with their solicitor

  • With a will service such as the National Register

Walsh West Wills, Estates and Probate lawyers can help if you cannot understand a will or codicil.

If you cannot find the original will, you’ll need to fill in a lost will form.


If there’s more than one will, only the most recent will is valid. Do not destroy any copies of earlier wills until you’ve received probate.


An executor only receives assets if they’re also named as a beneficiary.


If there’s more than one Executor


If more than one person is named as an executor, you must all agree who makes the application for probate. Up to 4 executors can be named on the application.


If only one executor is named on the application they’ll need to prove that they tried to contact all executors named in the will before they applied.

If you’re having problems finding the other executors, you can contact the Probate Call Centre.


If you do not want to or cannot be an Executor


The will may name a replacement executor for someone who becomes ‘unwilling or unable’ to deal with the estate.

If no executors are willing or able to apply for probate, fill in a form to give up executor rights and send it to HMCTS Probate.

You do not want to be an Executor

You can do one of the following:

When an Executor is unable to apply for probate

A replacement executor should apply for probate if the executor is unable to, for example because:


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For advice call our team on

0203 488 7503, 01992 236 110 or contact us by email at

 legal@walshwestlaw.com or via our website www.walshwestcca.com