The probate process
Who can apply for probate depends upon whether the Deceased left a will, or not. If a will is left the person with the responsibility for applying for probate is called the Executor, while if the Deceased left no will ( known as Intestate ) then the person who can apply for probate will be known as the Administrator. Their entitlement is set out in the Intestacy Rules.
Common problems that can arise in regard to an entitlement are as follows :-
- The death of an Executor. Most wills appoint substitute executors, if none are alive then a beneficiary can apply for probate.
- An Executor is unwilling to apply. If a deed of renunciation is signed then a beneficiary can apply.
- The Executor cannot be found. This can be complicated and legal advice should be sought as the Courts permission for someone else to apply must be obtained. This will require affidavit evidence showing the attempts made to trace the Executor.
- The Executor does not have the capacity. If a power of attorney has been obtained then the attorney may apply on behalf of the Executor.
Need help with who can apply for probate ? call us now on 0845 9011 686 we operate across the UK and are specialist probate solicitors.