What power does an executor have?
Last reviewed October 2026
In England and Wales an executor's authority comes from the will and starts from the moment of death. They can secure the home, collect information, arrange the funeral, and deal with assets that organisations release without probate. To sell or transfer most property, shares or larger bank balances, they usually need a grant of probate as proof of that authority. An executor must act in the interests of the estate and the beneficiaries, keep accounts, pay debts and tax before distributing, and follow the will. They cannot change who inherits.
What an executor can do before probate
Register the death, arrange the funeral, secure property, value the estate, notify organisations and close small accounts that a bank releases without a grant.
What usually needs the grant
Selling or transferring a house in the person's sole name, cashing larger bank or building society balances, and selling shares usually need the grant first.
- Land Registry transfers of sole-name property
- Bank balances above each bank's own limit
- Shares and investments held outside a joint name
What an executor cannot do
An executor cannot ignore the will, give themselves more than the will allows, or distribute before debts and any inheritance tax are dealt with. If they do, they can be personally liable.
Frequently asked questions
Can an executor sell a house without probate?
Usually not if the house was in the person's sole name. The buyer's solicitor and the Land Registry will normally ask for the grant. An executor can market the house before the grant arrives, but completion normally waits for it.
Does an executor have to tell beneficiaries everything?
Executors should keep beneficiaries reasonably informed and keep estate accounts. Residuary beneficiaries can ask to see the accounts.
Can an executor be removed for doing nothing?
Yes. A beneficiary can ask the court to remove or replace an executor who is not acting properly, though most disputes are settled before that.
Does this apply in Scotland?
Scotland has executors too, but they apply for confirmation rather than probate and the process differs. See our Scotland guidance.
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