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Personal representatives definition

What does Personal representatives mean? In probate and estate administration, personal representatives are the individuals who step into the shoes of the deceased to collect, manage and distribute the estate. In England and Wales and Northern Ireland, the term covers executors (appointed by will) and administrators (appointed on intestacy or where no executor can act) once a grant of probate or letters of administration is issued. It is defined in legislation (for example, the Administration of Estates Act 1925). In Ireland, the Succession Act 1965 defines personal representatives likewise, with grants issued by the Probate Office. In Scotland, the officeholder is an executor (executor-nominate or...

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Personal Representatives in Probate: Appointment, Acceptance, Renunciation, Power Reserved, Passing Over, Chain of Representation, and Grants of Probate and Administration (England and Wales)

Practice notes
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An executor is the individual named in a valid Will or codicil to manage the testator’s estate and put the Will’s instructions into effect. An administrator is appointed by the court to deal with a deceased person’s property where the Will made no valid appointment of executors, the named executors are unable or unwilling to act, or there is no Will. The term personal representatives (PRs) covers both executors and administrators. See Practice Note: Definition of a personal representative.

Appointment of executors

  • expressly by Will
  • impliedly by the terms of the Will
  • by a person authorised in the Will to appoint executors, who may appoint themselves
  • through the chain of representation
  • by the court

Acceptance of office

  • obtaining a grant of probate
  • carrying out acts amounting to acceptance of office, eg releasing a debt owed to the testator

Once an executor has accepted office, they cannot later renounce probate. An executor cannot accept office in...

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Web page updated on 27/05/2026

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