What happens if an executor dies during the administration of a loved one’s estate?
We take a look at the legal implications that arise when an executor passes away before the administration of an estate has been finished.
Before the Grant of Probate has been applied for
If an executor sadly passes away before a Grant of Probate has been applied for, it is the responsibility of the remaining executors to continue the administration of the estate.
If there are no other executors appointed, or if the other executors are unwilling or unable, then it falls to the beneficiaries of the estate to apply for letters of administration with Will annexed, to become an administrator of the estate. The order in which a beneficiary can apply is as follows:-
- Any residuary beneficiary or those holding the residue for someone on Trust;
- Any other residuary beneficiary or those holding the residue for someone on Trust, or where the residue has not been wholly disposed of (i.e. partial intestacy), then those who are eligible under the intestacy provisions;
- The personal representative of the above (if they have pre-deceased);
- Any other legatee or someone holding a legacy on Trust, or a credit of the deceased;
- The personal representative of the above (if they have pre-deceased).
Please note that the above list is not exhaustive, and you should seek our guidance if you have any questions.
After the Grant of Probate has been applied for
If the grant of probate has been issued and an executor dies during the administration process, then what happens is dependent on the situation.
More than one executor acting
The remaining executors can continue with the administration, however they would be required to request a new grant.
More than one executor, but one has power reserved
The executor holding power reserved can re-apply for a grant should they wish to act. If they do not, they would need to renounce.
Sole executor, who has left a Will
It is the responsibility of the executor’s executors to administer the estate. This is known as the chain of representation and a new grant would need to be applied for.
Sole executor, who has not left a Will
Those entitled to apply for the letters of administration for the executor could apply to act as administrator for the first estate.
How we can help
This area of law is complex and we would advise that you seek professional guidance from our specialist team should issues arise following an executor’s death.
