Probate Question

man_at_milletts

I know there are a few legal eagles on here, I have a quick question.

If somebody dies and nobody has been appointed an executor of the estate (or nobody is prepared to do it) can anybody else apply for probate.
Unsure at the moment if there is a will involved.

Thanks
PM me direct if preferred.

LenGlover

The short answer appears to be it depends.


http://www.adviceguide.org.uk/wales/relationships_w/relationships_death_and_wills_e/dealing_with_the_financial_affairs_of_someone_who_has_died.htm#letters_of_administration

man_at_milletts

Thanks, Len. That's what I was coming up against, and there doesn't appear to be any clear answers.
Cheers anyway.

Dippenhall

Probate means authority for the Executor to process a Will. Letters of Administration are granted so that someone has the same authority as an Executor and legal power to deal with the deceased's assets, say a bank account, where there is no Will. You only need it if you are wanting to get your hands on an asset and the authority you are dealing with insists on evidence you have authority as Executor. Anyone can in theory apply for Letters of Administration but you will not be granted authority unless you fit the eligibility rules. If someone applies with higher priority on the list they will get the grant. My mother was not asked if she wanted to apply when I applied for Letters when my father died, so assume its first come first served if two applications are not received at the same time.

If you can acquire the assets without producing Letters of Administration you can do what you want. If someone afterwards claims entitlement to part of the estate under the laws on intestacy they would also be eligible as Administrator so would apply get a grant and unwind everything. Anyone who previously gave you access to the deceased's assets without seeing authority would be liable to the legally appointed Administrator.

Not a lawyer but have to get involved in this stuff.

man_at_milletts

Cheers, Dipp - That's helpful.

Covered End

When my father in law died. I managed to avoid probate.
Bank a/c's were in joint name, so I got ma in law to close them off, without telling the bank ,he'd died.

Re the house in joint names, you just have to complete a form and send off to the Land Registry.

No probate, easy stuff.

Just spent all day filling in power of attorney forms for ma in law who's nearly as wibble as RD.