If you have been appointed in a will to act as executor, you don’t legally have to do this.

If you’re not comfortable or able to take on the responsibility, you can decline.

To do this, you would typically file a formal renunciation with the probate court using a PA15 form. Once you submit this form to the probate office, you can’t change your mind later.

There is also an option to reserve your power as executor if you do not want to act initially but may wish to, if the need arises, at a later stage. For this arrangement the proving executor must formally give notice on the probate application to whom power is reserved and it must be stated on the statement of truth document which is signed by the proving executors. Where power is reserved to partners in a firm, the notice can be detailed as the partners of the firm and not the individuals.

If you haven’t started handling any part of the estate, it’s relatively simple to step aside. If there are other named executors, they can often continue without you. If not, the court can appoint someone else, like a family member or professional.

However, if you’ve already started managing the estate (like paying bills or contacting beneficiaries), the court may need to approve your withdrawal.

If you are the only executor and any of your beneficiaries are under 18 years old, or are including a trust, you’ll need at least 2 executors.

Deciding not to act is a serious decision. The deceased chose and trusted you to be their executor and to handle their affairs.

We can’t guarantee how long it will take to get probate but one submitted last week has already been approved – well done, HMCTS! If you are facing probate, do get in touch. We can help make it easier for you at a difficult time.