What happens if executor passes away before probate completion

johnnyboyc

Probate of Mum's estate etc. was being dealt with by a family member (the executor, who was also a solicitor); the only real value in the estate was Mum's house, which was eventually sold.

The probate process, as far as we were aware, was almost complete, and the estate's proceeds were just about to divided up equally among the beneficiaries.  I have obtained the details of the estate's value from the probate registry.

It was then that the executor sadly passed away, seemingly leaving things in somewhat of a limbo.

Also as far as we were aware (it's proving difficult to get information), shortly before the original executor's passing, the wife of the executor was named as the executor for Mum's estate.

I have contacted the new executor, who informs us that Mum's estate now has to go into probate once more, and a solicitor has been instructed to apply for this.  I also asked for any pertinent information regarding the dealings of Mum's estate (paperwork, statements etc.), but this was met with deflection from the new executor.

I also asked for the details of the new solicitor, only to be met with the response of 'the solicitor will contact you in due course'.

It's a bit of a frustrating pickle all this, and I'm wondering what my rights are as a beneficiary.

Flugelhorn

really difficult situation - unfortunately no real rights for the beneficiary as it all has to wait on the executor.

Shame that the wife was made exec for your mum's estate, she must have enough of her hands being recently widowed and having to manage her late husband's estate too. (though if he was a solicitor then hopefully that is under control) 

I suspect you may have to wait - have you checked if the new probate has gone through yet? just thinking that the solicitor would be named on this or they may have put a notice in the gazette? 

johnnyboyc

Flugelhorn said:

really difficult situation - unfortunately no real rights for the beneficiary as it all has to wait on the executor.

Shame that the wife was made exec for your mum's estate, she must have enough of her hands being recently widowed and having to manage her late husband's estate too. (though if he was a solicitor then hopefully that is under control) 

I suspect you may have to wait - have you checked if the new probate has gone through yet? just thinking that the solicitor would be named on this or they may have put a notice in the gazette? 

Yes, I just did a check to see if the new probate has happened, nothing doing.

Is it a reasonable request to ask for the new solicitor's details?  These details were explicitly asked for.

Thanks for your prompt response!

johnnyboyc

Flugelhorn said:

really difficult situation - unfortunately no real rights for the beneficiary as it all has to wait on the executor.

Shame that the wife was made exec for your mum's estate, she must have enough of her hands being recently widowed and having to manage her late husband's estate too. (though if he was a solicitor then hopefully that is under control) 

I suspect you may have to wait - have you checked if the new probate has gone through yet? just thinking that the solicitor would be named on this or they may have put a notice in the gazette? 

Oh something else - what's this 'gazette' you speak of?

elsien

https://www.thegazette.co.uk/wills-and-probate

How was the wife made a new executor?

 I thought the executors were named in the will, couldn’t be added to, and if something happened to them  then the nearest relative would go down the letters of administration route? 

johnnyboyc

elsien said:

https://www.thegazette.co.uk/wills-and-probate

How was the wife made a new executor?

 I thought at the executors were named in the will, couldn’t be added to, and if something happened to them  then the nearest relative would go down the letters of administration route? 

Yes, the original executor was named in the will.  He passed away, and just prior to that, he went through the process of naming his wife as the executor.  I would've thought that as he was a solicitor himself, he would have done it 'properly'.

That is of course as far as we know; unfortunately, as seems to be the case in a lot of these proceedings, relationships soured drastically and obstruction seems to be the name of the game now.

noitsnotme

How was the house sold before probate was granted?  Was it jointly in someone else’s name who is/was still alive?

Was the wife of the original executor also named as an executor in the mums will?  If not, I don’t see how it was possible to name the wife as mums executor before the original executor died.

Once the original executor died then his wife would become responsible for both estates (as long as she was named as an executor in the husbands will).

poppystar

elsien said:

https://www.thegazette.co.uk/wills-and-probate

How was the wife made a new executor?

 I thought the executors were named in the will, couldn’t be added to, and if something happened to them  then the nearest relative would go down the letters of administration route? 

I think the nearest relative thing is for when probate has not yet been obtained by the original executor.

In the case where an executor who already has probate has then died my understanding was it is then the executor of the deceased executor who would step in to complete the task. They would not need probate on the original estate again but would have to get probate for the new one if required.

Sorry, OP that you are now in this difficult situation especially when you were so close to getting the estate finalised. Beneficiaries really have such little power. 

johnnyboyc

noitsnotme said:

How was the house sold before probate was granted?  Was it jointly in someone else’s name who is/was still alive?

Was the wife of the original executor also named as an executor in the mums will?  If not, I don’t see how it was possible to name the wife as mums executor before the original executor died.

Once the original executor died then his wife would become responsible for both estates (as long as she was named as an executor in the husbands will).

I don't know the finer details of the property sale, but I do know that it was owned solely by Mum.

johnnyboyc

poppystar said:

elsien said:

https://www.thegazette.co.uk/wills-and-probate

How was the wife made a new executor?

 I thought the executors were named in the will, couldn’t be added to, and if something happened to them  then the nearest relative would go down the letters of administration route? 

I think the nearest relative thing is for when probate has not yet been obtained by the original executor.

In the case where an executor who already has probate has then died my understanding was it is then the executor of the deceased executor who would step in to complete the task. They would not need probate on the original estate again but would have to get probate for the new one if required.

Sorry, OP that you are now in this difficult situation especially when you were so close to getting the estate finalised. Beneficiaries really have such little power. 

So if I'm reading this right, probate on the original estate has 'happened', and things should start to happen sooner rather than later?

Keep_pedalling

My understanding is that if a sole executor dies before the estate is wound up responsibility falls to the administrator of the deceased executors estate. This is known as a chain of executorship.

In this case it sounds like this has fallen on the widow of the executor. If she was dealing with the estate before he died it would she would only have done so as his attorney. 

https://www.fionabruce.co.uk/what-happens-if-an-executor-dies-before-they-complete-the-administration-of-an-estate/