Wills frequently name two, three or more executors, often adult children appointed together, and a common question is whether they can each apply for probate separately or whether they have to act as one unit from the outset. The short answer is that the application can be made by fewer than all of the named executors, but once probate is granted, the executors who are actively acting generally have to make decisions jointly, not independently of one another.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
How many executors can be named on a grant?
No more than four people can take out a grant of probate in respect of the same estate at the same time. If a will names more than four executors, only the first four who are willing and able to act are included on the grant. The remaining executors are not removed from the will, but they have what is known as power reserved to them, meaning they can apply to join the administration later if, for example, one of the four acting executors dies or is otherwise unable to continue.
Do all named executors have to apply together?
They do not all have to apply at the same time, or even apply at all. One or more named executors can choose to apply for the grant while the others have power reserved, meaning they step back from the application without giving up their right to act later if needed. This is different from one executor deliberately excluding another against their wishes, which is not possible without a formal renunciation or a court order.
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Once the grant is issued, can executors act independently?
Generally, no. Where more than one executor is actively acting under the grant, major decisions, such as selling property, closing accounts, or distributing assets, usually require the agreement of all of the acting executors. In practice, this means executors need to communicate and make decisions together throughout the administration, even if only one of them handles most of the day-to-day paperwork. This is one of the most common sources of delay our guide to how long probate takes in 2026 highlights, since disagreements between executors can slow an otherwise straightforward estate considerably.
What if the named executors cannot agree?
Where executors genuinely cannot work together, options include one executor formally renouncing their right to act, the executors agreeing that one will take the lead with the others’ written consent, or, in more serious disputes, an application to the court to resolve the deadlock. These situations are best addressed early, since a stalled administration can leave beneficiaries waiting far longer than necessary for their inheritance.
Why some families appoint fewer executors from the start
Because of the practical need for acting executors to agree on most decisions, some people choose to name only one or two executors in their will, with others as backups, rather than naming several people who will all need to act jointly. This is a decision best made when the will itself is written, with proper advice about how the people involved are likely to work together in practice.
How Curtis Legal can help
Whether you are one of several named executors trying to work out the best way to proceed, or dealing with a disagreement between co-executors, our probate team can advise on the options available. Read more on our main probate pages, or get in touch for tailored advice.
Frequently Asked Questions
Can executors apply for probate separately?
One or more named executors can apply for the grant while others have power reserved, meaning they step back without losing their right to act later. They do not all have to apply together.
How many executors can be named on a grant of probate?
No more than four people can take out a grant of probate for the same estate at the same time, even if the will names more executors than that.
Can executors act independently of each other once probate is granted?
Generally no. Where more than one executor is actively acting, major decisions usually require the agreement of all of them, so they need to work together throughout the administration.
What is power reserved for an executor?
Power reserved means a named executor has not applied for the current grant but keeps the right to apply later, for example if an acting executor dies or can no longer continue.
What happens if co-executors cannot agree?
Options include one executor formally renouncing, the executors agreeing in writing for one to take the lead, or, in serious disputes, applying to the court to resolve the disagreement.
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Written by Simon Jenkins, solicitor and director of Curtis Legal Limited (Simon Jenkins SRA 167489; Curtis Legal Limited SRA 450129).
