Stress-free Probate Services

Only the named Executors can apply to administer an estate if there is a Will. If there is no Will, the deceased’s next of kin must apply to be an Administrator.

The order of who can apply to act as an Administrator is:

• Spouse or civil partner
• Children, which can include adopted children and children born outside of marriage
• Parents
• Brothers and sisters, or if they have died, their children
• Half-brothers or half-sisters, or if they have died, their children
• Grandparents
• Uncles or aunts, or if they have died, their children
• Half-uncles or half-aunts, or if they have died, their children

Typically, it can take between 6 and 12 months to complete the entire estate administration process, with complex estates taking longer.

Applying for a Grant of Probate can take up to 16 weeks if you use a professional and even longer if you make a personal application without a professional.

No – as long as you haven’t started performing any duties relating to the estate. Once you start acting, it is deemed that you have accepted the role of an acting Executor.

Options available to you include:

• Renunciation: You can choose to renounce your responsibility as an Executor, meaning you can no longer act.
• Power-reserved: If there are other named Executors, you can step to one side and let them act without you, but you can choose to join in at a later date.
• Instruct a professional to act on your behalf.

If you are a named Executor in a Will, you can be held legally and financially responsible if you fail to carry out your duties correctly, even if they are genuine mistakes.

Unfortunately, we do not deal directly with contentious issues. However, we work closely with the only law firm in the UK that specialises in resolving contentious Wills, Probate, and Trust disputes.

The two roles are very similar as they are both personal representatives of the deceased’s estate; they are just appointed differently. An Executor is appointed through a valid Will, and an Administrator is appointed after applying for the role.