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.

You’ll have a dedicated case handler at ELM Legal Services who will guide you through the estate administration process, liaise with institutions, and manage communication. However, we ensure that any regulated activities, such as applying for the Grant of Probate, are completed by a fully authorised solicitor.

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, you don’t have to act as an Executor as long as you haven’t started carrying out estate duties (known as intermeddling) and probate hasn’t been granted in your name.

If you do not want to act, there are several options available:

• Renunciation: You can formally give up your role, but you will not be able to act at any point.
• 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 later.
• Appoint a professional: You can instruct a professional to act on your behalf.

Once you begin acting, you are legally considered to have accepted the role and responsibilities of an Executor, and at that point, you cannot simply walk away.

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.

Our services are for non-contentious probate matters only. If a dispute arises, for example, if someone contests the Will, we will refer your case to a specialist solicitor who can advise you further.

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.