What happens if an executor of the Will dies during probate?
Posted on 29th January 2020
When an executor of a Will makes an application for a Grant of Probate, and then dies during the application, it can cause complications. The executor’s job is to administer the estate of the decease, and if they die, this cannot be completed. Therefore, someone else will have to step in to take their place.
So, what happens if the executor dies before you do?
If your executor dies before you, the best thing to do is to contact your local wills and probate solicitors, such as our team in Longridge, Garstang and Lancaster, who you can contact, here.
When you initially make your Will with our team, we would always suggest including replacement executors who can act if your initial attorneys are unable to. That way, if someone dies, if they are unable to act (for example, physically or mentally) or if they don’t want to act, then there is someone else in place who will be able to.
What happens if an executor dies after you?
If the Grant of Probate has already been issued by the Court, the first steps are to see whether the executor has left a Will. If they have, their named executors will become responsible under the Chain of Representation for dealing with both estates.
If the second deceased person did not leave a Will, then there is no Chain of Representation, so the rules of Non-Contentious Probate will apply, meaning that the rules of intestacy will apply. These rules are the same as how an estate will pass if there is now Will. For example, if one spouse dies, the surviving spouse would be entitled to apply to be the administrator of the estate.
If a Grant of Probate has not been issued already, if the second-deceased person leaves a Will, their named executors are entitled to complete the first-deceased’s probate application.
Like if there is no Will, if the named executors have all died or cannot act for any other reason, then the Non-Contentious Probate rules will apply.
If you are the executor of an estate where there are multiple probate applications required, contact our team of local wills and probate solicitors, here, to find out how we can help you. It’s important to have expert legal advice in situations such as these, to make sure that you are dealing with the estate correctly, and that you are carrying out the wishes of the deceased.
Contact our team now to get the help you need.
MG Legal – Your Local Solicitors
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