WHO HAS THE RIGHT TO OBTAIN PROBATE?


Adrian01Hello, My name is Adrian Chambers and I’m a solicitor with Law for Life. Welcome to our web pages relating to Estate Administration. If you have suffered the loss of a loved one and need help in administering their estate and in obtaining Probate then we can help.

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WHO HAS THE RIGHT TO OBTAIN PROBATE?


PERSONAL REPRESENTATIVES The person who has the responsibility for the administration of the deceased’s estate and obtaining probate, are called the deceased’s Personal Representative. In a will they are called Executors. If there is no will they are called Administrators. Before anything is done it is important to identify and make sure that the right person deals with the administration of the estate and obtains probate.

DUTIES AND RESPONSIBILITIES OR A PERSONAL REPRESENTATIVE Personal Representative’s responsibilities are not to be taken lightly. Basic duties include acting within the law, complying with the terms of the will, collecting in the estate assets, paying the debts, keeping full accounts, not to profit from their position, to act honestly, reasonably and fairly. Personal Representatives cannot normally be held personally liable for any debts of the estate. However, they can be held personally liable if they are negligent or act dishonestly.

EXECUTORS Executor’s are people appointed by the deceased in their will to deal with the administration of the estate. Often in wills two executors are appointed and act jointly particularly if there are trusts set up and/or minor children to look after. If there are no executors named in the will or the named executors are unable or unwilling to apply, the next person entitled to a grant is any person named in the will to whom the deceased gives all or the bulk of his estate to.

ADMINISTRATORS Administrators act and deal with the administration of an estate if the deceased has made no will. They usually are the deceased’s next of kin. The usual order of priority of who should act is as follows; spouse, then children, then parents, then brothers and sisters of the whole blood (or their children), then grandparents, then aunts and uncles of the whole blood (or their children).

If no person is appointed then the Treasury or a creditor of the estate can apply for a Grant of Letters of Administration.

INSURANCE Personal Representatives can be held personally responsible for any losses they may cause to an estate. Therefore it can be useful for Personal Representatives to consider taking out insurance to provide them with necessary protection if required.