Can Only One Person Apply For Probate?

When an individual dies, the person named in their Will as executor becomes responsible for handling their estate. An estate includes property, possessions, money and more, and probate is the process of obtaining the legal right to manage and distribute an estate to beneficiaries – but what happens if more than one person is named as executor in a Will?

Who Applies For Probate If There Are Multiple Executors?

In the UK, a Will can name up to four persons to be executors of an estate.

Every executor shares equal responsibility for distributing the estate. However, whist all named executors may apply for the Grant of Probate, it is not the case that all named executors must apply for probate. When there are multiple executors, those named individuals have to decide who will apply for probate.

It is possible for just one executor, or more than one but not all named executors, to apply for probate, if they are prepared to take on the responsibility, and if the other executors agree to allow this. The chosen executor or executors will apply for probate and become the point of contact with the Probate Registry.

Only one application can be made for each estate. Every executor should be named on the application form, even though they are not applying themselves, and the executors are expected to act together throughout the estate administration process.

What Happens When There Are Multiple Executors?

If a Will names more than one executor, they are known as joint executors and have to work together by law.

No single executor can make decisions or take actions relating to the estate without the agreement of the other executors.

Before the estate administration starts, however, each executor must decide what role they want to play – an active role, to step aside or to reserve their powers.

Stepping Aside

If an executor decides they don’t want to undertake this role, they need to formally renounce their duties and step away from the estate administration.

This is done by signing a deed of renunciation, a legal document that is prepared by a solicitor to ensure it is legally valid and which confirms the executor will have no involvement in the estate.

It’s important to note that a deed of renunciation is only possible if the executor has done no work on the estate to-date – if they have, then stepping down from their responsibilities is no longer possible.

It’s also worth noting that this decision cannot normally be reversed and the executor is unable to change their mind at a later date.

Reserving Powers

If an executor decides they want to step back right now but might want to get involved at a later date, then a Grant of Probate with Power Reserved can be applied for.

Unlike the deed of renunciation, Grant of Probate with Power Reserved is not permanent.

This option is often used for practical reasons, such as if one of the named executors lives abroad and it would be logistically challenging and costly to send paperwork to them for signing but they’d still like to undertake the role at a later date if needed.

Will Planning

Who you choose to be your executor in your Will is a big decision and not one that should be taken lightly. If you decide to name more than one person, be sure that this won’t lead to any conflict or disagreement during the estate administration – ideally, you want to appoint executors who know each other already and know the beneficiaries and will be able to act in your best interests throughout the process. Beneficiaries can also be appointed to be the executors, and often are.

Some people decide to appoint professional executors, such as specialist solicitors, to keep emotions out of the estate administration and to reduce the likelihood of challenges and additional stress for loved ones.

What If There Is No Will?

If a person dies without leaving a Will, the rules of intestacy decide who manages the estate administration and how the estate is distributed.

Usually, the closest living relative of the deceased – often a spouse, civil partner, so or daughter – will apply for the Grant of Letters of Administration. This provides the same authority as a Grant of Probate to manage the estate and sort the individual’s assets, debts and distribute the estate according to the rules of intestacy.

When there are multiple people who are entitled to handle the estate distribution, these people can apply together and administer jointly. If there are infant beneficiaries, two people must apply for the Grant of Letters of Administration, and act together.

As the process has similar challenges for when there is a Will and named executors, many decide to use a specialist solicitor for support during the probate process.

Helping You with Estate Administration

Probate is a challenging process for everyone involved – especially for loved ones. Normally, those closest to a person are appointed as executors in their Will or are entitled to apply for legal authority to distribute the estate if there is no Will.

Our probate solicitors are experienced at helping clients to manage estate administration on their behalf by acting as professional executors. This not only saves time, stress and the worry of making mistakes with documentation, but reduces the likelihood of disputes arising among family members.

With our specialist support, we will ensure that every aspect of the legal obligations is met and estate administration is completed efficiently and accurately.

To speak to us about acting as professional executor or for support during the probate process, you can contact us at our Chorlton office on 0161 860 7123 or email chorlton@hlfberry.com or at our Failsworth office on 0161 681 4005 or email failsworth@hlfberry.com and we will be happy to help.