Types of grants and who applies for them
There are two different types of grants:
- Grant of probate - if the deceased died with a valid Will in place
- Grant of Letters of Administration - if the deceased died without a valid Will in place
If you obtain either one of these types of Grant, it gives the named executors or administrators the authority to deal with the administration of the deceased’s estate.
If I am appointed as an executor in the Will, do I need to act?
You do not have to act as executor if you do not want to. If you do not want to take on the role of an executor, you can do one of the following:
- Renunciation - give up all your rights to act as an executor
- Power reserved - reserve your right to act as an executor in case you want to be involved in the future
What happens if an executor named in the will has died before applying for a grant of probate?
If there are other living executors, then they can apply and simply include the information regarding the death of the other executor in the application. If all of the executors chosen in the first instance are unable or unwilling to apply for a grant, then the replacement executor(s) may apply (if there are any). If not, an administrator will have to apply for a Grant of Letters of Administration with the Will annexed.
Who applies for a Grant of Letters of Administration?
When a person dies without making a Will, the Intestacy Rules will apply in terms of who can apply for this Grant. If their application is successful, then they will be known as an administrator of the deceased’s estate.
How long does it usually take before receiving a grant?
The long waits at the Probate Registry are well documented. Therefore, you must be efficient when gathering the information to do the Grant application, as the Probate Registry is currently taking around 16 weeks to issue Grants. This means if you delay gathering the information to begin with, it will elongate an already lengthy process.
