If you are a beneficiary entitled to receive an inheritance following a death, you may have concerns if the estate’s executors or administrators fail to take the necessary action to wind matters up.
If delays are extensive, you may need to take action. The assets in an estate need to be protected and it is crucial that the estate’s representatives deal with them effectively and pass them on to those entitled to inherit them as quickly as possible.
Who deals with an estate following a death?
If the deceased left a Will, it will name one or more executors who will be responsible for finalising matters and passing on the assets to the named beneficiaries.
If there is no valid Will, then one or more individuals will need to take on the role of administrator to deal with the winding up of the estate. The Rules of Intestacy set out who is entitled to inherit assets if there is no Will and it is usually one of these individuals who will be the administrator.
What should the executors or administrators do following a death?
Executors or administrators must advise those holding assets and liabilities of the death by providing them with a certified copy of the death certificate. They will usually need to apply for a Grant of Probate or, where there is no Will, a Grant of Letters of Administration, unless the estate is a small one. The grant is the document that authorises the executor or administrator to deal with the estate, including closing accounts and selling property.
To obtain a grant, it is first necessary to value the estate. This involves obtaining figures for all of the deceased’s assets and liabilities. The net figure will determine whether Inheritance Tax is available. If it is, this must be paid before an application is made for a grant.
What can you do if an executor fails to apply for a Grant of Probate
If an executor or administrator does not take the necessary steps to obtain a grant, someone with an interest in the estate such as a beneficiary can use the citation process to try and force their hand.
There are three types of citation available, as follows:
- A citation to accept or refuse a grant of representation
- A citation to take probate
- A citation to propound a Will
A citation to accept or refuse a grant of representation
An application can be made to the Probate Registry requesting that the person entitled to apply for a grant does this. If they fail to do so, the applicant, known as the citor, can ask for an order authorising them to apply for the grant instead of the executor of administrator.
Once the citation has been made, it is served on the executor or administrator and they have eight days in which to respond. If they respond, they must then take reasonable steps to obtain the grant.
A citation to take probate
If the person entitled to obtain a grant has taken some steps but not moved the process forward sufficiently or obtained legal authority to administer the estate, a citation to take probate can be requested. This aims to push the individual into obtaining a grant so that the estate administration can be completed.
A citation to propound a Will
If more than one Will has been left or only a copy of the Will is available, it may be appropriate to obtain a citation to propound a Will. This aims to have a Will formalised so that the administration process can be dealt with.
Help with estate administration delays
The probate process is complex and often time-consuming. If difficulties are encountered or those tasked with the administration are not making progress, it is advisable to speak to a probate expert. Taking legal advice will ensure that the best course of action is followed and that the estate’s assets are protected as far as possible from delays and legal action.
It may be the case that an executor or administrator simply needs the assistance of a probate solicitor to move the administration process forwards so that the estate can be wound up effectively and bequests passed on to the beneficiaries.
Your executors will be responsible for winding up your estate. This can be a complex job and it is generally very time-consuming. You need to make sure that your executors will be able to deal with the responsibility. They can ask a probate solicitor to take on the bulk of the work, but it is still important to ensure that your executors are likely to get along together as there will be decisions to be made, for example, agreeing on the sale price of assets such as property and other valuable items and choosing solicitors and estate agents.
The executors should also have a good relationship with your chosen beneficiaries as well as with other individuals appointed in the Will, such as trustees and guardians.