What happens if executor passes away before probate completion

noitsnotme

According to this website - https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/how-does-probate-work-if-the-executor-has-died/#

”If the executor has left a Will then it becomes the responsibility of their executor to finalise the original estate. This is called the Chain of Representation. The grant of probate that was issued to the original executor must be revoked by the probate registry and the new executor must make a new application for a grant of probate in their own name.”

This is because any institution, such as banks, who ask to see the grant of probate, will need to see that new executor has permission to deal with the estate.

However if the house is already sold and there is nothing else left in the estate you could argue there is no real purpose for probate any more.  Unless it’s now needed to distribute the funds from the house sale.

I don’t understand how the house was sold before probate was the granted.  The buyers solicitor should have insisted on it.

Keep_pedalling

noitsnotme said:

According to this website - https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/how-does-probate-work-if-the-executor-has-died/#

”If the executor has left a Will then it becomes the responsibility of their executor to finalise the original estate. This is called the Chain of Representation. The grant of probate that was issued to the original executor must be revoked by the probate registry and the new executor must make a new application for a grant of probate in their own name.”

This is because any institution, such as banks, who ask to see the grant of probate, will need to see that new executor has permission to deal with the estate.

However if the house is already sold and there is nothing else left in the estate you could argue there is no real purpose for probate any more.

I don’t understand how the house was sold before probate was the granted.  The buyers solicitor should have insisted on it.

Although probate was granted if can’t be used to complete the sale if the only person named on it has died. Exchange of contracts or completion will need someone to obtain a Grant de bonis non administratis to finish the job.

The danger is that the buyer may pull out of the sale because of the delay this will cause. 

johnnyboyc

Keep_pedalling said:

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/

Thanks very much for that link, it was very useful.

noitsnotme

Keep_pedalling said:

noitsnotme said:

According to this website - https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/how-does-probate-work-if-the-executor-has-died/#

”If the executor has left a Will then it becomes the responsibility of their executor to finalise the original estate. This is called the Chain of Representation. The grant of probate that was issued to the original executor must be revoked by the probate registry and the new executor must make a new application for a grant of probate in their own name.”

This is because any institution, such as banks, who ask to see the grant of probate, will need to see that new executor has permission to deal with the estate.

However if the house is already sold and there is nothing else left in the estate you could argue there is no real purpose for probate any more.

I don’t understand how the house was sold before probate was the granted.  The buyers solicitor should have insisted on it.

Although probate was granted if can’t be used to complete the sale if the only person named on it has died. Exchange of contracts or completion will need someone to obtain a Grant de bonis non administratis to finish the job.

The danger is that the buyer may pull out of the sale because of the delay this will cause. 

The OP said the house was already (eventually) sold.  Unless they mean it’s not yet completed?

johnnyboyc

noitsnotme said:

Keep_pedalling said:

noitsnotme said:

According to this website - https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/how-does-probate-work-if-the-executor-has-died/#

”If the executor has left a Will then it becomes the responsibility of their executor to finalise the original estate. This is called the Chain of Representation. The grant of probate that was issued to the original executor must be revoked by the probate registry and the new executor must make a new application for a grant of probate in their own name.”

This is because any institution, such as banks, who ask to see the grant of probate, will need to see that new executor has permission to deal with the estate.

However if the house is already sold and there is nothing else left in the estate you could argue there is no real purpose for probate any more.

I don’t understand how the house was sold before probate was the granted.  The buyers solicitor should have insisted on it.

Although probate was granted if can’t be used to complete the sale if the only person named on it has died. Exchange of contracts or completion will need someone to obtain a Grant de bonis non administratis to finish the job.

The danger is that the buyer may pull out of the sale because of the delay this will cause. 

The OP said the house was already (eventually) sold.  Unless they mean it’s not yet completed?

Yes that's right, the house has already been sold, and the funds from that are included in the probate registry's documents.

Keep_pedalling

johnnyboyc said:

noitsnotme said:

Keep_pedalling said:

noitsnotme said:

According to this website - https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/how-does-probate-work-if-the-executor-has-died/#

”If the executor has left a Will then it becomes the responsibility of their executor to finalise the original estate. This is called the Chain of Representation. The grant of probate that was issued to the original executor must be revoked by the probate registry and the new executor must make a new application for a grant of probate in their own name.”

This is because any institution, such as banks, who ask to see the grant of probate, will need to see that new executor has permission to deal with the estate.

However if the house is already sold and there is nothing else left in the estate you could argue there is no real purpose for probate any more.

I don’t understand how the house was sold before probate was the granted.  The buyers solicitor should have insisted on it.

Although probate was granted if can’t be used to complete the sale if the only person named on it has died. Exchange of contracts or completion will need someone to obtain a Grant de bonis non administratis to finish the job.

The danger is that the buyer may pull out of the sale because of the delay this will cause. 

The OP said the house was already (eventually) sold.  Unless they mean it’s not yet completed?

Yes that's right, the house has already been sold, and the funds from that are included in the probate registry's documents.

Thanks for the clarification. Unfortunately I think the estate still can’t be distribute without authority being gained by by someone

BarneyMagrew

Somewhat related. I am the joint executor (with my brother) of my mother's estate which is making its glacial progress through the probate system. I am the sole name on the executor bank account and have recently had some worrying health news. I think it prudent that I put my brother's name on the executor account in case the worst happens, would this be a difficult process?

CalvinHobs

BarneyMagrew said:

Somewhat related. I am the joint executor (with my brother) of my mother's estate which is making its glacial progress through the probate system. I am the sole name on the executor bank account and have recently had some worrying health news. I think it prudent that I put my brother's name on the executor account in case the worst happens, would this be a difficult process?

Have you submitted the application for probate yet? If joint executors are named in the will then you have the option to either apply for probate in both your names - or just one name, as long as the other executor agrees.

If you applied for probate in both your names then it would be a good idea to have your brother's name on the executor account. If the account is in your name only, the bank will probably insist on your brother signing paperwork to distribute funds, anyway.

The process to change a bank account held in a sole name to joint names looks fairly straightforward. Here's Nationwide for example.

If the worst should happen:
Assuming the Grant of Probate has been issued and it names both of you as executors, your brother would need to apply for a re-grant of probate i.e. in his name only. He could continue to deal with administration of the estate but I believe he would require the new Grant of Probate before he could distribute the estate.