Who Has The Right To Apply For Probate?

Welcome to our page on who has the right to apply for probate.  We are a firm who specialise in dealing with probate and estate administration work.  At Seatons, we offer a helpful and friendly service with low fees that provide exceptional value for money.  Please call us today for a free no obligation chat on 01536 276300 or contact us online.

Who Has the Right to Apply for Probate?

The person who has the responsibility for the administration of the deceased’s estate and obtaining probate, are called the deceased’s Personal Representative.

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.

Types of Personal Representative

There are two types of Personal Representative:

  • Executors – If there is a Will.
  • Administrators – If there is no Will.
Personal Representative’s Responsibilities

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 – Wills

Executors 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 – No Will

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, the Treasury or a creditor of the estate can apply for a Grant of Letters of Administration. The entitlement to a Grant of Letters of Administration is covered in rule 22 of the Non-Contentious Probate Rules 1987 which sets out the order of priority of persons who can apply for a Grant.

Insurance

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, the Treasury or a creditor of the estate can apply for a Grant of Letters of Administration. The entitlement to a Grant of Letters of Administration is covered in rule 22 of the Non-Contentious Probate Rules 1987 which sets out the order of priority of persons who can apply for a Grant.

Latest Probate & Estates Video
Seatons Solicitors | 10 Things to consider about Wills & Probate

Adrian Chambers - Seatons Solicitors

Probate & Estate Specialists

I’m Adrian Chambers and specialise in Probate and Estate matters. We aim to provide our clients with an outstanding legal service.

We will help and support you and most importantly we work hard for you.

If you need help administering a loved one’s estate, please click here for further information.

Please contact us for a free, no obligation chat on 01536 276300 or contact us online.

Latest Articles About Probate & Estate Matters

Family Companies – It’s Never Too Soon to Start Estate Planning

Estate planning is essential when there is a family business to prevent tax problems in the untimely death of a shareholder as this following High Court case demonstrates.

Promises, Promises – Don’t Rely on Them Unless They Are in Writing!

The trouble with promises that are not recorded in writing by a professional is that it can be very hard to prove after the event that they were ever made.

Get Your Will Written Right to Ensure Your Wishes Happen

A penniless Eastern European man who had made his fortune in his lifetime decided to make his own Will which meant that his £2.75 million estate may not have reached the beneficiaries he wanted them to on his death. The following case details the problems of making a Will without the proper legal advice.

Are You Entitled To A Share in Your Home? Get Your Name On The Title Deeds

When you live in a property with a partner and contribute to its maintenance by undertaking work or paying for work to it you could believe that you have a financial interest in that property. Without a formal arrangement you could find that you have no security.