What Happens If an Executor Dies Without a Will?
The executor of a will is a person named in the will to prepare the grantor’s estate to be distributed among the heirs in an organised way. Thus, it is a very important figure throughout the probate process, and their selection has to be taken seriously when making a will.
In the UK, a will can name up to four executors. In such cases, the four of them should agree on who should apply for the probate.
As we cannot plan life, sometimes the executor dies before the grantor or while doing his or her tasks as an executor. What happens then? Who will take this important responsibility?
There are two very different situations:
If the executor dies before the grantor
In this case the solution is quite easy. The grantor just needs to change their will. In order to do it, you just need to find your will and contact a firm such a IWC Probate Services. It is important that you make the changes following the advice of an expert because there should not be doubts about a will’s legitimacy.
If the executor dies after the grantor
This situation is more complicated because since the grantor is also dead, they cannot change and update the will. Hopefully the Will appoints an alternative Executor if not, one of the heirs should do it, but it can be more difficult because, of course, there may be a conflict of interest.
If the executor dies before he could finish the grant of the probate, then one or more of the beneficiaries – who always has to be over 18 years old — can take this responsibility provided the Executor made a Will. If they made a Will the Executors of that Will can finish the work alternatively it will fall back to the Intestacy rules of the first person’s estate. In this regard, it is important that the heirs reach an agreement, or the probate can last a very long time, simply because the person entitled to carry on with the probate may not even be a beneficiary of that Will.
Thus, if the probate was already granted, there are two cases:
- The executor made a will. If that is the case, the executor of the will of the grantor will also be the executor of the will that has lost its executor with the death.
- The executor did not make a will, a Grant De Bonis Non will be needed.