Executor speed (?)

AnotherJoe

Thanks YM. Is there any reason you cannot publish the notices earlier? Even if that's the standard order of things, offhand i see no harm in trying to root out creditors earlier, after all thats no different logically to what happens when you look through documents trying to find out whats owed.
It would also speed up the process in that the 3-6 month period of waiting after the gazette (should you wish to issue a notice often its unnecessary) would overlap with the normal discovery process rather than add potentially 6 months on the end.
I see the gazette doesn't rule this out, it says (my emphasis)


Before you begin: you must have obtained at least one of the following:

• grant of probate
• letter of administration
• death certificate

eg its not saying that probate is necessary to issue notices

Yorkshireman99

AnotherJoe wrote: »

Thanks YM. Is there any reason you cannot publish the notices earlier? Even if that's the standard order of things, offhand i see no harm in trying to root out creditors earlier, after all thats no different logically to what happens when you look through documents trying to find out whats owed.
It would also speed up the process in that the 3-6 month period of waiting after the gazette (should you wish to issue a notice often its unnecessary) would overlap with the normal discovery process rather than add potentially 6 months on the end.
I see the gazette doesn't rule this out, it says (my emphasis)


Before you begin: you must have obtained at least one of the following:

• grant of probate
• letter of administration
• death certificate

eg its not saying that probate is necessary to issue notices

A very good point that I don't know the answer to. I suppose until you have probate your position as executor is not confirmed but I can see any logical reason. I would be very interested to know the answer!

childofbaahl

YM that is the reason I was given when I inquired about the correct time to post the notices whilst administering an estate last year. Namely that the notices indemnify the executor / administrator after a set period but only the executor / administrator. If you put them in whilst not officially in that role then it leaves you open to litigation.

Yorkshireman99

childofbaahl wrote: »

YM that is the reason I was given when I inquired about the correct time to post the notices whilst administering an estate last year. Namely that the notices indemnify the executor / administrator after a set period but only the executor / administrator. If you put them in whilst not officially in that role then it leaves you open to litigation.

Thanks for thereply that puzzles me. The executor is appointed by the will from the date of the death. Probate only confirms the will is valid and that the executor may distribute the estate. So AFAICS the extutor would be protecteed by the notice.