Executor Responsiblities

[lettie100]

My mother recently died, I'm not sure if she had a will but I do know my brother is the executor and had his name on her bank account. My mom told me she was sure he would do the right thing by me and my other brother so I'm pretty sure she didn't have a will. She pre-paid her funeral and had no credit cards or other debt. I've tried to contact my brother the executor by phone(left a message), by e-mail, and also his girlfriend's email, but he won't respond. What can I do to find out about my mon's estate?

[Ethel]

If your brother is executor there must be a will.

Having his name on her bank account is nothing to do with being executor of a will.

Go and see him.

[Buenchico]

(2-part post):

I assume that your mother was not married at the time of her death. If she was, unless her estate her very large, everything would normally automatically pass to her husband.

If you mother left a will, the executor can't distribute the estate until he has obtained probate. Nobody else has any rights to know the contents of the will until the will has been 'proved'. The will then becomes a public document, which anyone can read.

If your mother did not leave a will (and was not married when she died), any of her children can apply for a grant of letters of administration. (They then become an 'administrator', rather than an 'executor', of the estate). The administrator must distribute the estate according to fixed rules. (It's not a matter of 'doing the right thing by people'. There will be some people who're entitled to a certain proportion of the estate and others who may not be entitled to anything at all. The administrator has to follow the rules).

While a probate office can't reveal the contents of a will until it's been 'proved', they may well be able to tell you if an application for a grant of probate (or for letters of administration) has been made. You can find the contact details of the relevant probate office here:
http://www.hmcourts-service.gov.uk/HMCSCourtFi nder/
(Set the bottom field to show 'Probate court' and click 'Find court'. You'll be taken to the first of two pages of addresses).

[Buenchico]

If you find that your brother has made an application for a grant of probate (or for letters of administration), you'll have to wait until he's received the grant before you can proceed further.

If you find that no application has been made, and your brother still won't respond, I suggest writing to him as follows. (This is just the legal bit. I'm sure you'll want to 'tone down' the letter by adding suitable personal correspondence):
"As you have failed to respond to my enquiries as to whether our mother left a will, I assume that she did not do so. Also, as you've not told me that you're seeking a grant of letters of administration, I assume that you've not done so. Therefore, please note that I intend to apply to the Probate Court for a grant of letters of administration in respect of our mother's estate. When I have received the grant, I will distribute the estate in accordance with the intestacy rules".

For further help, try the probate helpline:
http://www.hmcourts-service.gov.uk/cms/1154.ht m

Chris

[Morty Vicar]

The only thing I would add to Chris' very detailed answer is that if the estate is small (under �15k) and does not have any interests in real property or stocks and shares the estate CAN be collected in and distributed without a grant of representation under the Administration of Estates (Small Payments) Act 1965.