How to change the executive of a grant of probate if its first executive dies?

Google search answer on 2026-02-09

How to change the executive of a grant of probate if its first executive dies?

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Changing the executor of a grant of probate after the first executor dies depends on whether the deceased executor left a valid will and if the administration of the original estate was complete

. If a sole executor dies after obtaining a grant of probate, their own executor can sometimes take over through the "chain of representation." However, if this chain is broken, a new application for letters of administration is required. 

1. If Other Executors Were Appointed

If the original will named multiple executors and one dies after the grant, the remaining executors continue without needing a new grant, although the court should be informed. 

2. If the Sole Executor Dies (Chain of Representation)

If a sole executor dies after obtaining probate and leaves a will naming their own executors, these new executors automatically become responsible for completing the original estate's administration. They do not need a new grant for the original estate but must prove the chain of representation. Required documentation typically includes a sealed copy of the original grant and the death certificate of the first executor. 

3. If the "Chain" Breaks (No Will or No Executor)

If the sole executor dies without a will, fails to appoint executors, or dies before getting probate, the chain of representation is broken. In this situation, a beneficiary or interested party must apply for a Grant of Letters of Administration (De Bonis Non Administratis) from the Probate Registry. The court usually follows an order of priority, starting with the beneficiaries of the original estate. 

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Steps to Replace a Deceased Executor

1. Locate the Original Will: Check if a substitute executor was named.
2. Check for Deceased Executor's Will: See if the "chain of representation" applies.
3. Obtain Documentation: Gather the death certificate of the deceased executor and the original Grant of Probate.
4. File Application: Submit an application to the High Court or Probate Registry (e.g., using the Probate eService in Singapore) to appoint a new personal representative. 

If the original executor is incapacitated rather than deceased and has not finished administration, an application can be made under relevant local law (such as section 50 of the Administration of Justice Act 1985) to remove them and appoint a new executor. 

Disclaimer: Probate laws vary by jurisdiction. The information above is primarily based on common law principles (such as those in the UK and Singapore) and should not be considered legal advice.