When a will is made, the testator chooses one or more executors to carry out their final wishes. In most estates, those executors do the job well: they gather the assets, pay the debts, deal with HMRC and distribute what is left to the beneficiaries. Sometimes, though, an executor turns out to be the wrong person for the role. They may refuse to act, drag their feet for months, mishandle money, fall out with the beneficiaries or lose the mental capacity needed to make sensible decisions. When that happens, the estate stalls and the people entitled to inherit are left in the dark.
At Curtis Legal we regularly advise beneficiaries, co-executors and family members across England and Wales who need to remove or replace an executor. The right route depends on how far probate has progressed and on why the executor needs to go. This guide explains the grounds on which an executor can be removed, the differences between acting before and after the grant, the court applications involved and the practical alternatives that often avoid litigation altogether.
Because 2026 has brought a higher probate application fee of £526 from 13 July and the nil-rate band frozen at £325,000 with a residence nil-rate band of £175,000, delay is expensive. Estates that sit idle can trigger avoidable interest on inheritance tax at 40% and reduce the value that beneficiaries eventually receive. Acting quickly, and with the right advice, is almost always in everyone’s interest.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
Valid Grounds for Removing an Executor
The court will not remove an executor simply because a beneficiary is unhappy with the pace of administration or disagrees with a decision. There must be a serious reason that makes the executor unsuitable to continue. Common grounds we see in practice include:
- Misconduct or dishonesty: taking money for personal use, hiding assets or providing false accounts.
- Serious delay: no meaningful progress after the executor’s year, with no reasonable explanation.
- Incapacity: the executor has lost the mental capacity needed to administer the estate.
- Conflict of interest: the executor stands to gain personally from a disputed claim or transaction.
- Breach of fiduciary duty: failing to act in the beneficiaries’ best interests or preferring one beneficiary over another.
- Breakdown in relations: hostility between co-executors or with beneficiaries so severe that administration cannot continue.
The court’s overriding concern, as set out in cases such as Letterstedt v Broers, is the welfare of the beneficiaries and the proper administration of the estate. Personal dislike is not enough; evidence of actual or likely harm to the estate is.
Why the Stage of Probate Matters
The procedure for removing or replacing an executor depends on whether the grant of probate has already been issued. Before the grant, the executor has only limited authority and the Probate Registry can be asked to intervene. After the grant, the executor is legally empowered to deal with the estate, and only the court can strip that power away. Getting the stage right at the outset saves time and cost.
Before the Grant: Passing Over and Citation
If a named executor has not yet applied for probate, the beneficiaries or co-executors have two main non-contentious routes.
The first is a passing-over application under section 116 of the Senior Courts Act 1981. This asks the Probate Registry to pass over the named executor and grant administration to someone else, usually a beneficiary or a professional. It is often used where the executor cannot be traced, has lost capacity, is in prison, or has a serious conflict of interest. The application is supported by written evidence and, if uncontested, can be dealt with on paper without a court hearing.
The second is a citation to accept or refuse probate. This forces an executor who is sitting on their hands to make a decision: either take out the grant within a set period or step aside so someone else can. If the executor ignores the citation, they can be treated as having renounced and lose the right to act. Citations are useful when an executor is not obstructive so much as unresponsive, and they can break a deadlock without the cost of a full court application.
After the Grant: Section 50 Applications
Once the grant has been issued, removal is a matter for the High Court. The main power is section 50 of the Administration of Justice Act 1985, which allows the court to substitute or remove a personal representative and appoint someone else in their place. The application is usually made in the Chancery Division or the Business and Property Courts and is supported by detailed witness evidence.
To succeed, the applicant must show that removal is necessary for the proper administration of the estate. The court will look at the seriousness of any misconduct, the practical effect on beneficiaries and whether a less drastic solution, such as an order for accounts or the appointment of an additional executor, would do the job. A professional executor, typically a solicitor, is often appointed to take over so that the administration can continue smoothly.
Who Can Apply and Standing
Not everyone can bring an application to remove an executor. The court expects the applicant to have a genuine interest in the estate. In practice, applicants are usually beneficiaries under the will, co-executors, or people entitled on an intestacy where the will is challenged. Creditors of the estate can also apply in some circumstances. If you are unsure whether you have standing, we can advise before any application is drafted.
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Evidence, Costs and Court Discretion
Section 50 applications are evidence-heavy. The court will want to see estate accounts, correspondence, bank statements, valuations and any professional advice the executor has taken. Where dishonesty is alleged, contemporaneous records are essential. Vague complaints rarely succeed; specific, documented examples of breach or delay do.
Costs are a real risk. The general rule in probate litigation is that the loser pays the winner’s costs, although the court has a wide discretion, particularly where the dispute has been caused by the testator or by the conduct of the executor themselves. In some cases costs can be ordered out of the estate; in others, personally against an executor who has acted improperly. We always give a clear costs assessment before any application is issued, so that clients understand the financial exposure alongside the potential benefits.
Alternatives to Court: Renunciation and Agreement
Court is not always necessary. If the executor accepts that they should not continue, the cleanest solution is renunciation. Before the grant, an executor can sign a formal renunciation and step aside completely, provided they have not “intermeddled” in the estate by, for example, collecting assets or paying debts. After that point, renunciation is not available and the court route becomes necessary.
Where relations are strained but not broken, mediation or a solicitor-led negotiation can also produce results. An independent professional executor can be introduced by consent, estate accounts can be reviewed, and undertakings given about future conduct. These solutions preserve family relationships and keep costs proportionate. Court proceedings are best reserved for cases where dishonesty, incapacity or entrenched hostility make agreement impossible.
Timelines, Interim Steps and What to Expect
A contested section 50 application typically takes six to twelve months from issue to final order, longer if the facts are complex. Passing-over applications on paper can be dealt with in a few months. During that time, the estate still needs to be preserved: assets must be secured, insurance kept in place and any urgent tax obligations met. Where there is a real risk of loss, the court can appoint an interim administrator pending trial.
If you are worried that a grant is about to be issued to an unsuitable executor, a probate caveat can pause the process for six months while matters are investigated. It is a low-cost, high-impact tool and is often the first step we take when time is short.
How Curtis Legal Can Help
We advise executors, beneficiaries and families across England and Wales on the full range of executor disputes, from passing-over applications and citations through to contested section 50 proceedings. We also handle the wider work that usually surrounds these disputes, including estate administration, inheritance tax reporting, contested wills and intestacy claims. For a full overview of an executor’s role and responsibilities, see our executor duties hub, and for wider background GOV.UK and HM Courts and Tribunals Service provide useful public guidance.
If you are concerned about an executor’s conduct or need help stepping back from the role yourself, please call our probate team on 0800 214 216 for a same-day callback. We will listen, explain your options in plain English and set out clear next steps and costs before you commit to anything.
Can a beneficiary remove an executor without going to court?
Sometimes, yes. If the executor agrees to step aside before dealing with the estate, they can sign a renunciation. If they will not, but the grant has not yet issued, a passing-over application or citation at the Probate Registry can achieve the same result on paper. Court is usually only necessary once the grant is in force.
What counts as sufficient grounds for a section 50 application?
The court looks for conduct that puts the proper administration of the estate at risk, such as serious delay, dishonesty, misappropriation of assets, loss of capacity, or a conflict of interest that cannot be resolved. Personal disagreements between beneficiaries and executors are rarely enough on their own.
Who pays the legal costs of removing an executor?
Costs are at the court’s discretion. Where an executor has acted honestly, costs may come out of the estate. Where they have caused the dispute by misconduct or delay, they can be ordered to pay personally. The general loser-pays rule also applies, so a realistic costs assessment before issuing proceedings is essential.
How long does it take to replace an executor?
Uncontested passing-over or citation applications can be resolved within a few months. Contested section 50 removals in the High Court typically take six to twelve months, and longer where there are complex allegations. Interim orders can be sought if the estate is at risk while proceedings continue.
Can I renounce as an executor after I have started dealing with the estate?
Once you have intermeddled by, for example, collecting assets, paying debts or corresponding with HMRC, you cannot simply renounce. You will need the court’s permission to retire under section 50 of the Administration of Justice Act 1985, and the court will want to see that a suitable replacement is available.
If you would like a plain-English second opinion or want us to take the file on, call our probate team on 0800 214 216. We offer a same-day callback and clear, fixed-fee options where they fit. We work with families across England and Wales.
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