How to list Executors
It is common for more than one person to be named as an Executor of a Will. The Quick Laws Probate Online Application allows you to easily account for all of the Executors named in the Will.
As long as one Executor named in the Will is able and willing to apply for probate, then an application for probate can be made. If there are no Executors able and willing to apply for probate, then an application for Letters of Administration (and not probate) must be made.
First, you should enter the details of each Executor that has the right to apply for probate, in the same order that they are named in the Will. For example, if the Will says "I appoint Jane Doe and Joe Bloggs as my Executors," then you would enter Jane Doe's details first.
This means that you may not be the first Executor entered in the Online form. The first Executor listed must be the Executor that is applying for probate.
The next thing you need to do is to describe the Executor appointment type. The wording of the Will determines the appointment type. For example:
- Sole Executor: only 1 person is appointed in the Will, for example, "I appoint Jane Doe as my Executor."
- Institute Executor: the first Executor appointed by the Will, for example, "I appoint Jane Doe as my Executor. If Jane is unable or unwilling to act, then I appoint Joe Bloggs." In this example, Jane Doe is the Institute Executor and Joe Bloggs is the Substitute Executor.
- Substitute Executor: or "back-up" Executor, can only apply for probate if the appointment is triggered. Whether this is so, depends on the terms of the Will.
- Named with another: when more than 1 Executor is named in the Will. For example, "I appoint Jane Doe and Joe Bloggs to be my Executors."
You must read the Will and determine how the Executors have been appointed. You do not need to enter the Executor's details if they do not have the right to apply for probate. For example, if a Substitute Executor appointment has not been triggered, then you would not enter the details of this Executor.
Is the Executor applying for probate?
In order to be able to apply for probate, an Executor must be over 18 years of age. An Executor should be able and willing to apply for probate. If an Executor simply refuses to act or does nothing, then you should seek legal advice from a qualified person.
As long as there is one Executor named in the Will that is able and willing to apply for probate, then the Quick Laws Probate Online Application can be used. If there are no Executors named in the Will that are able or willing to apply, then you should seek legal advice from a qualified person.
To properly account for all the Executors named in the Will, all you need to do is to check 'Yes' or 'No' to the questions that ask what each Executor is going to do. The questions are asked in a simple format.
Death of an Executor
An Executor may have died before the deceased or before the application for probate, and is therefor unable to apply for probate of the Will.
You must indicate whether the Executor is alive or deceased.
Renounce right to apply
An Executor can formally renounce (reject) their right to apply for a grant of probate. An Executor may only renounce probate if he or she has not already meddled in the administration of the estate.
You must indicate whether an Executor intends to renounce probate.
Reserve leave to apply
An Executor does not have to renounce probate, however he or she may unable or unwilling to take on the duties of an Executor for a number of other reasons. In this case, an Executor can reserve their right to apply in the future, without renouncing probate. The Executor then has the right to apply for probate in the future. This right only applies to property not yet administered.
You must indicate whether an Executor intends to reserve leave to apply for probate.