Finding an executor of an estate

Courtesy Flush

I was wondering is it possible to find out who the executor of a deceased individuals estate is, after probate ?

coylemj

Apply to the probate office for a copy of the will and see who was named as executor.

P. Breathnach

http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/F2051BFE4462AAB3802575AF003E0ED0?opendocument&l=en

coylemj

coylemj wrote: »

Apply to the probate office for a copy of the will and see who was named as executor.

For completeness, if the deceased did a home-made will and neglected to name an executor, if someone applied to the probate office for a copy of the will, would the information supplied disclose to whom probate had been granted?

And while we're at it, if there was no will at all and the estate had been distributed under the rules of intestacy, would the probate office similarly inform you of this fact and tell the applicant (seeking a copy of the non-existent will) the name of the person to whom administration of the estate had been granted?

Peregrinus

If there's a will, and it was admitted to probate, there'll be a "grant of probate" which will name the executor who is to administer the estate. Occasionally, the executor named in the will has already died, or refused to act, or whatever, so the grant (technically in this situation called a "grant of administration with will annexed") will name someone else to administer the estate in accordance with the will.

If there's no will, then there may be a "grant of administration" which will name an administrator who is to administer the estate in accordance with the rules of inheritance that apply when there is no will.

If the estate is small, however, there may be no grant of probate or grant of administration; the whole thing may have been dealt with informally and pragmatically. This isn't uncommon. In that case there will be no record at all in the probate office.

Samsquanch

Another question. Lets say probate was taken out but the estate was never distributed due to the death of the executor or they cannot act. Who would act in that scenario ?

Courtesy Flush

Samsquanch wrote: »

Another question. Lets say probate was taken out but the estate was never distributed due to the death of the executor or they cannot act. Who would act in that scenario ?

I would say an administrator would need to be appointed in absense of the executor
If the executor dies before carrying out his duties then it would form part of his estate

Peregrinus

Samsquanch wrote: »

Another question. Lets say probate was taken out but the estate was never distributed due to the death of the executor or they cannot act. Who would act in that scenario ?

You need to go back and get another grant naming an administrator to administer the estate.

Usually, it would be the next-of-kin or the person principally benefitting under the will (these are often the same person) since they have the strongest interest in having the will administered. If they aren't interested in doing it, why would anybody else be?

P. Breathnach

Courtesy Flush wrote: »

...
If the executor dies before carrying out his duties then it would form part of his estate

The Succession Act provides for that circumstance, and says:

19.—(1) Where the sole or last surviving executor of a testator dies after the commencement of this Act, the executor of such executor shall not be the executor of that testator.

Samsquanch

P. Breathnach wrote: »

The Succession Act provides for that circumstance, and says:

So the executor dies not having fullfilled his duties to the testator , the duties end there ?

P. Breathnach

Samsquanch wrote: »

So the executor dies not having fullfilled his duties to the testator , the duties end there ?

Not exactly. It simply mean the the executorship does not pass to the executor of the deceased executor's will.

Somebody else will have to take over. Assuming that there was no other executor nominated in the will, a person with an interest in the estate can apply to the Probate Office to take over. I think the term for the role is "Administrator with Will Appended".

Sometimes you see a clause in a will along the lines of "I appoint A as my executor, or if A is unable to act, I appoint B ... C ...D".

Courtesy Flush

Peregrinus wrote: »

You need to go back and get another grant naming an administrator to administer the estate.

Usually, it would be the next-of-kin or the person principally benefitting under the will (these are often the same person) since they have the strongest interest in having the will administered. If they aren't interested in doing it, why would anybody else be?

Would that be complicated in this type of scenario, or just as straight forward as getting a regular grant of probate ?

Peregrinus

It's just as straightforward as any other grant. As part of your application, you'll have to show that the executor nominated in the will can't act, but that won't be difficult to show. And you'll have to show why you should be appointed - e.g. show that you are nominated in the will as alternate executor, or that the will nominates no alternate executor but you are the next-of-kin.

Samsquanch

Does the Administrator then basically have the same job as an executor ?
Also, when does he/she need to act. for example, i am named executor and probate is granted, do i have a duty to then administer the affairs of the estate in a timely manner ?

Peregrinus

Samsquanch wrote: »

Does the Administrator then basically have the same job as an executor ?

Yes.

Samsquanch wrote: »

Also, when does he/she need to act. for example, i am named executor and probate is granted, do i have a duty to then administer the affairs of the estate in a timely manner ?

Yes.

P. Breathnach

Samsquanch wrote: »

... for example, i am named executor and probate is granted, do i have a duty to then administer the affairs of the estate in a timely manner ?

The Succession Act is explicit on this:

62.—(1) The personal representatives of a deceased person shall distribute his estate as soon after his death as is reasonably practicable having regard to the nature of the estate, the manner in which it is required to be distributed and all other relevant circumstances, but proceedings against the personal representatives in respect of their failure to distribute shall not, without leave of the court, be brought before the expiration of one year from the date of the death of the deceased....

The wording is sometimes construed as meaning that the executor or administrator has a year to wind up the estate, but that is often unrealistic - it might take more than half a year even to get a Grant of Probate.

Peregrinus

And, just to clarify any possible misunderstanding, "personal representative" is the umbrella term covering both executors and administrators.

Courtesy Flush

Does it take long to get a grant of probate usually? Is it expensive ?