How should joint executors of a Will act?

Being named as one of several executors is an important responsibility. You and your co-executor or co-executors share equal legal duties to carry out the deceased person’s wishes and deal with their estate properly. This guide explains how joint executors of a will should act, what options are open if you do not want to take part, and practical steps to make the process smoother for everyone involved.

Your basic responsibilities as a joint executor

As a joint executor, you must act honestly, follow the terms of the will and take reasonable care when handling the estate. Key tasks include registering the death, gathering the deceased’s assets, valuing the estate, paying debts and taxes, and distributing gifts under the will. You are also responsible for making any necessary applications to the Probate Registry, for example to obtain a Grant of Probate.

Acting together, but sharing the workload

Unless the will expressly allows executors to act independently, you are expected to act together when making decisions about the estate. In practice, that does not mean you must do every task side by side. Many sets of co-executors divide the work, for example one executor dealing with banks and the other compiling paperwork for the solicitor. The important point is to keep each other informed, agree decisions and keep clear records of actions taken.

What if one executor does not want to act?

It is common for an executor to decide they cannot, or do not wish to, take on the role. You have two main options in this situation.

• Renunciation: an executor can formally renounce their role. This means they give up any right to act and must not have dealt with the estate. A written renunciation is submitted with the probate paperwork so the Probate Registry knows why a named executor is not applying.
• Power reserved: an executor may choose to reserve their power. They do not take an active role immediately, but keep the right to apply for a Grant of Probate later if needed. The executor who applies will state that power is reserved to the other named executor or executors.

Which option to choose depends on family circumstances and the complexity of the estate. If you think a co-executor might want to step in later, power reserved can be helpful. If someone is sure they will not act, renunciation keeps the administration simpler.

Practical tips to avoid disputes

• Communicate early and often. Agree who will handle which tasks and set timescales.
• Keep written records and copies of correspondence, valuations and bank statements.
• If disagreements arise, consider mediation or professional advice rather than escalating to court. A solicitor experienced in probate can often resolve issues without court involvement.
• If the will allows executors to act "jointly and severally" you may be able to act independently. Check the will and get legal advice if you are unsure.

When to use a professional executor

If the estate is large, contains property, businesses, foreign assets or trusts, appointing a professional executor or instructing a solicitor can reduce risk and delay. Professionals can handle the paperwork, liaise with HM Revenue and Customs and make sure you meet reporting and tax obligations. That can be particularly helpful if family relationships are strained or beneficiaries are unsure how the administration should proceed.

For practical guidance on the probate process, see the UK government’s page on applying for probate: gov.uk - Applying for probate.

Next steps for executors

If you are named as a joint executor, take stock of the will, talk to your co-executor(s) and decide who will take the lead on immediate tasks such as arranging a death certificate and securing assets. If you need help, consider speaking to a probate specialist early to avoid costly mistakes.

Find out more about our probate services and how we can support you through each step of estate administration.

Need to update your Will? Our will writing service can help you name executors, set out reserves and reduce the risk of disputes.

If you’d like advice tailored to your situation, get in touch with our friendly team for a no-obligation conversation.

For related matters, such as making lasting powers of attorney or setting up trusts, see our pages on Lasting Power of Attorney and Trusts.