An executor is responsible for administering a deceased’s estate. This includes realising the assets of the deceased’s estate, settling any liabilities of the estate, and distributing the estate in accordance with the terms of the Will.
Depending on the complexity of the estate, the time this will take can vary with more complex estates taking notably longer due to the potential assets involved and more involving tax calculations. Due to the administration of an estate taking a number of months as a minimum, it is not unheard of for an executor to die during this time.
Where a sole executor pre-deceases, who should take over the administration of the estate?
The Administration of Estates Act 1925 (Act) provides that where a sole executor dies during the administration of the original testator’s estate, the executor of that executor will take on the role of executor to the original testator’s estate. This is subject to the deceased executor having obtained probate, and the executor of the deceased then obtaining probate for the deceased executor. This allows the original testator’s estate to be dealt with by the second executor, in which that executor may need to make investigations to distinguish between the assets held by the deceased as part of the original testator’s estate and those of the executor. The role of the second executor will also extend to dealing with any disputes of the original testator’s estate and therefore the second executor must ensure that there are no conflicts with them acting beforehand.
The Act only applies where the first executor has left a Will appointing an executor, with the same rule not applying in the event of an intestacy. Where an executor has not been appointed, the person next in line to administer the estate should apply for Letters of Administration in order to complete the administration of the estate.
This confirms that a person taking on executorship for a deceased executor must take into account their responsibility to step into the deceased’s shoes as executor of the original testator’s estate. Depending on the progress made by the estate, this will effectively leave the new executor responsible for administering 2 estates. It is possible for an executor to renounce should they wish to avoid this. In reality, this example tends to arise when elderly couples die within a short space of each other and therefore the named executor is often a child of both and is expected to have an understanding of both estates.
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If you have been appointed as executor of a deceased executor’s estate and would like advice or assistance in dealing with this, please contact a member of our team who will be able to advise further.
How can we help?
Stuart Parris is an Associate in our expert Dispute Resolution team, specialising in inheritance and Court of Protection disputes.
If you require any advice on the above subjects, please contact Stuart or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.