If an executor decides to renounce probate, they will not be able to step back in at a later date. If probate is needed, the acting executor will need to send the original signed Deed of Renunciation to the Probate Registry, alongside the rest of the grant application paperwork. We offer both an essential probate service, where we help you get the legal document, and also a complete probate service, also known as full estate administration.
If a co-executor has died, the surviving executor s will need to get a copy of the death certificate for their records. If probate is needed, the acting executor will need to send a copy of the death certificate to the Probate Registry, alongside the rest of the grant application. If an executor is unable to act because they lack capacity, the situation can become quite tricky. The co-executors will need to establish whether a Lasting or Enduring Power of Attorney is in place and, if so, they should request a copy of this.
Lasting and enduring powers of attorney are legal documents that give authority for people to act on behalf of someone else. If probate is needed, a medical certificate confirming that the executor has lost capacity may need to be submitted by the other acting executors to the Probate Registry, alongside the grant application.
The other executor s can go ahead and apply for the grant whilst they wait for the minor executor to turn If any of the estate is still left to be dealt with when the child turns 18, then the executors will need to apply for a new grant with all their names on it. Every effort should be made to try to track down a missing executor named in the will. This will be the responsibility of the other named executors. If none of the executors can be located, then it will be the responsibility of the people benefiting from the will the beneficiaries.
If probate is needed, the Court can in some cases agree that it would be better for the estate to go ahead with the application without notifying a co-executor. For example, if it's going to be too time consuming and expensive to locate them. But, the Court will only agree to do this once every possible search has been exhausted and in very exceptional circumstances.
They may refuse to release funds to the estate until all the executors have signed their paperwork. It's a good idea to try and get the SRA to confirm this in writing if possible. Talk to your parents If your parents are still around and can communicate their wishes, involve them in the process. Do your best to balance being sensitive to their preferences with practical concerns.
Because a power of attorney is one of the most important legal documents you can have, it's important to know whether you want a durable or regular power of attorney. Duties of an Executor An executor of a will has the following responsibilities : Filing papers to have the will admitted to probate Notifying the decedent's heirs and creditors of the probate Paying the debts of the decedent Managing and preserving the assets of the estate Assuring that the estate is distributed to the appropriate heirs, as required by the will The executor of a will has a duty to act in good faith, to follow the testator's wishes as expressed in the will, and to act in the interests of the heirs and creditors.
Selecting Executors Ideally, anyone you choose as executor should be someone you trust. Advantages of Co-Executors Providing you believe they can get along and cooperate, co-executors may be advantageous for the following reasons: They can divide up the work. They have each other for consultation and support if questions or problems arise. They may each have strengths that apply to certain aspects of the estate. For example, one may have special knowledge in real estate and another in dealing with digital assets, or one may be good at organizing the paperwork and the other at communicating with heirs and creditors.
If you have a business, it may be good to have a co-executor who understands business matters. For example, you might designate your spouse and your business partner as co-executors. If you aren't convinced that you can fully trust any one person to serve as executor, co-executors can be used to keep each other honest. Of course, this usually involves selecting co-executors who don't fully trust each other, which can also increase the likelihood of conflict between them.
It may avoid feelings of favoritism to designate more than one of your children. About the Author Edward A. Related Topics. Facebook Twitter. It is understandable that a parent would not want to appear to play favorites in naming an executor.
However, naming more than one executor of estate just to avoid hurt feelings can cause more harm than good. If co-executors are named in the will, all of them must act in unison. That means they must all:. In addition, they will all be responsible for paying the estate's bills and debts from estate assets, not their own pockets , and they will all be liable for damage to or loss of any assets. Because co-executors must agree and act together, naming multiple executors can cause delays and inconvenience.
This is especially true if any of the co-executors lives out of town or out of state. If the co-executors have a tendency to disagree, it can cause serious problems with getting your estate wrapped up. In cases of extreme disagreements, one executor or a beneficiary can even ask the probate court to remove one or more of the other executors, so the estate can be settled without too much delay.
As you can imagine, such disputes can result in many years of resentment—exactly what you are trying to avoid in the first place. If you are worried about discord among multiple siblings, the best solution is often to explain to the children both why you are naming only one executor for your estate and why you've chosen the particular child.
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