Executor Not Acting or Delaying Probate? A Beneficiary’s Options Before Removal
If an executor will not explain a delay or move the estate forward, removal may seem the only answer. First identify what is preventing progress and whether a focused request, an agreed timetable or another legal step could address it.
This guide explains the options before seeking removal. Human Law provides defined advice and separately agreed intervention; we do not conduct contested executor-removal proceedings.
By Justin Patten, Solicitor · Reviewed 26 October 2026
Start with what the executor has not done
Separate the result you need from the remedy you are considering. Do you need an explanation, accounts, a property decision, payment of a legacy or someone else to administer the estate? A request to “remove the executor” does not establish which of those problems exists.
| The immediate problem | A possible next step |
|---|---|
| No meaningful progress update | Ask what remains outstanding, who is dealing with it and when the next update will be provided. |
| Missing accounts or unexplained figures | Identify the information needed; consider a focused request or an appropriate inventory-and-account application. |
| No grant and an executor appears inactive | Check entitlement and what has already been done before considering a citation or another pre-grant route. |
| A serious conflict, persistent deadlock or suspected misuse of assets | Assess the evidence and urgency; specialist removal or protective proceedings may be needed. |
These are starting points, not automatic outcomes. Where the problem is specifically missing financial information, use our beneficiary guide to estate accounts, which explains that service and its separate fees.
Does delay justify removing an executor?
Delay needs to be understood in context. Tax, a property sale, disputed entitlement, missing records or a claim against the estate can prevent completion. Ask for the reason, the steps being taken and a realistic timetable. Repeated promises without any identifiable action deserve closer examination.
The executor’s year is not a guaranteed completion date. Under section 44 of the Administration of Estates Act 1925, a personal representative is generally not bound to distribute before one year from death. That does not suspend other administration duties. Passing the anniversary does not by itself prove misconduct or mean every outstanding sum must immediately be paid.
Has a grant of probate already been issued?
The grant position affects the available procedure. An executor named in a will is different from an administrator who needs a grant to obtain authority. Do not assume that an executor has no authority simply because probate has not yet been obtained.
Before a grant
Depending on entitlement and the steps already taken, the options may include renunciation, reserving power while another executor applies, or a citation requiring the appropriate person to take a procedural step. Renunciation is not always available where an executor has already acted. These routes have different effects and cannot be chosen simply because a beneficiary prefers a different administrator.
Section 116 of the Senior Courts Act 1981 gives the court a discretion, in special circumstances, to appoint an administrator other than the person otherwise entitled. Passing someone over is a distinct assessment, not an automatic response to delay. See also our guide to an executor refusing to act before probate.
Where a change of executor is required, the appropriate court procedure depends on the circumstances. Section 50 may also be relevant before a grant; it should not be confused with passing over an applicant under section 116. Practice Direction 57, paragraphs 13.1 and 14.3, expressly addresses pre-grant removal or substitution.
After a grant
An executor cannot simply resign by letter or be replaced by a family vote. A change of personal representative may require a court order even if agreed. A demand from beneficiaries does not itself remove anyone from office.
What should a beneficiary ask for first?
Where there is no immediate risk requiring protective action, make a short written request that identifies:
- Your interest in the estate and the specific outstanding issue.
- The information or action requested, with the dates of earlier requests.
- The explanation or documents already received and what remains unclear.
- A reasonable response period and a proposed next step.
Keep the request proportionate to your entitlement. A beneficiary is not automatically entitled to the entire solicitor’s file or every document concerning the deceased. If a transaction is disputed, identify the payment and the reason for questioning it rather than relying on a general allegation of dishonesty.
An agreed information exchange, progress timetable or negotiation may address the blockage. Mediation may help where several issues need resolving together. Discussions do not automatically suspend deadlines or protect assets.
When may removal or replacement be appropriate?
Section 50 of the Administration of Justice Act 1985 gives the High Court powers to substitute or remove personal representatives. The question is whether the arrangements serve proper administration and the beneficiaries’ interests as a whole. Proof of fraud or dishonesty is not essential. Equally, dislike, disagreement or an allegation alone does not decide the application.
Material concerns may include a conflict affecting decisions, persistent failure to account, serious unexplained inactivity or relations that have broken down to the point of obstructing administration. Consider what a replacement would actually achieve, who could act and the additional administration expense. Recovering money or deciding a disputed transaction can require separate relief; removal does not itself resolve every claim.
Specialist litigation advice is needed where removal is being pursued or resisted in contested proceedings. Human Law can assess the defined issue and identify the referral point; we do not conduct those proceedings.
Consider costs and urgency before escalating
Do not assume the estate will pay the cost of seeking removal. The court determines costs, and you may face both your own fees and an adverse costs order. Ask about the likely overall expenditure, the evidence needed and the practical benefit of the proposed change before committing.
If assets may be dissipated, a sale or distribution is imminent, or formal papers have been served, seek urgent advice from a practitioner able to take the necessary protective steps. Do not wait for a routine review or allow a correspondence deadline to pass while discussing settlement.
Common beneficiary questions
Can a beneficiary force an executor to resign?
No, not simply by demanding it. Agreement may make a change easier, but the correct formal steps still depend on the grant position and what the executor has already done. A beneficiary majority does not itself remove an executor.
How long should I wait before challenging delay?
There is no universal waiting period. Ask what is outstanding and why. Assess the explanation, earlier requests, progress and any risk to assets. The executor’s year is not a deadline for every task; urgent concerns may require advice sooner.
Will the estate pay my legal costs?
Not automatically. Liability and recovery depend on the circumstances and any court order. Your obligation to pay your own solicitor is separate from possible recovery from the estate or another party.
What should you gather for an initial assessment?
Locate the will, any codicils, the grant or known application position, your entitlement, key requests and replies, and any accounts or progress summaries. Add a short chronology identifying the decision that is blocked and the outcome you want. Mark any deadline or immediate asset concern. You need not have every record before making an enquiry.
A fixed-fee review of your next step
For £480 including VAT (£400 + VAT), Justin reviews up to 40 selected core pages concerning one principal issue, holds a 30-minute consultation and provides a two-page written Action Plan. It identifies the evidence, material gaps and proportionate next step, including whether specialist removal advice is needed.
The review may recommend a focused request or negotiation, a separately scoped intervention, or specialist litigation advice. It may also conclude that no further action is proportionate at present. You receive a reasoned basis for deciding whether to spend more.
The review provides advice you can use yourself or discuss with another adviser. There is no obligation to continue. It does not include substantive correspondence, a Registry application or removal proceedings. Any suitable follow-on advice or correspondence is quoted separately, with an agreed scope and fee before work begins.
The Action Plan is normally delivered within three working days after the consultation and receipt of all required documents, whichever is later. See the review details and pricing and scope terms.
Email a brief outline of your problem
Initially send a brief outline and any deadline. Wait for suitability and conflict checks before sending documents. An enquiry does not create a retainer or commit you to payment. We do not act for opposing parties in the same dispute.
Sources and further reading
- Administration of Justice Act 1985, section 50: substitution and removal.
- Senior Courts Act 1981, section 116: passing over prior claims to a grant.
- Administration of Estates Act 1925, section 44: timing of distributions.
- Civil Procedure Rules, rule 57.13: substitution and removal procedure.
- Fernandez v Fernandez [2025] EWHC 2373 (Ch): the court’s approach to removal and beneficiaries’ welfare.
General information for England and Wales, not advice on an individual estate. The appropriate route depends on entitlement, the grant position, evidence and circumstances. Obtain prompt advice where a deadline or asset risk arises.