What to do if an executor is not administering an estate

When a loved one passes away, the administration of their estate should begin promptly and transparently. But sometimes, an executor or personal representative fails to take action, leaving beneficiaries in limbo and delaying what should be a straightforward process.

If you are in this position, there are formal steps you can take to move things forward. One of the most effective is known as a citation – a legal notice that compels action in the probate process.

What is a citation?

A citation is a formal court notice that can be issued when an executor or personal representative is not fulfilling their duty to administer an estate. It effectively forces them either to act, or to step aside so that someone else can.

There are three main types of citation, each designed for a different situation.

Citation to accept or refuse a grant

This citation is used when an executor (or someone entitled to apply for a grant under intestacy rules) refuses to act or simply does nothing.

Once served, the person cited (the party refusing to act) must respond, this is known as “entering an appearance”. If they still fail to apply for a grant of probate or letters of administration, the person issuing the citation (called the citor) can apply to the court for permission to take over and obtain the grant themselves.

This process ensures that an unresponsive executor cannot indefinitely delay the proper administration of an estate.

Citation to take probate

This form of citation applies when someone has started dealing with an estate without authority, a situation known as intermeddling. For example, they might have paid certain debts or collected assets but then stopped short of completing the process.

Intermeddling can lead to the individual who took the action on the estate inadvertently being responsible for the full estate administration. A citation can be used by beneficiaries to force the intermeddling individual to ratify their role by obtaining a grant and then have them go on to finish administering the estate.

After this form of citation is issued, if the intermeddling individual does not either take the necessary steps to formalise their role as administrator of the estate, or enter an appearance, then the beneficiaries under the will can seek directions from the court. These directions could be either for the intermeddler to obtain the grant, or the court can direct that the beneficiary (the citor) is allowed to obtain a grant themselves and then finalise the administration of the estate.

Citation to propound a will

This citation is used if a person has made several wills and a beneficiary wishes to have a particular will approved and used for administration and not taking steps to prove which will should stand. “Propounding” a will is proving that it is valid, and the executors named in that will have authority to administer the estate.

Citation to propound a will may be utilised where the last known will of a deceased person is in dispute, and the executor/s are not taking steps to get probate on the disputed last will. Here the party wanting the disputed will to be discounted, can cite the executors to prove the disputed will.

After a citation is issued, the executors named in the disputed will are given the opportunity to file an appearance in response to the citation, and apply for a grant of probate. If no appearance is entered, then the citor (the person who entered the citation) can seek a court order declaring that the disputed will is invalid and then proceed to apply for the grant of probate on an earlier will.

How do I issue a citation?

Your solicitor can issue the appropriate citation with the relevant probate registry. The solicitor will then arrange for the issued citation to be served in accordance with the Non-Contentious Probate Rules.

Your solicitor may also consider that a caveat should be entered in advance of dealing with the citation, in order to prevent a grant of probate being issued incorrectly or in conflict with your intentions.

What if I have received a citation?

Action in response to a citation must be prompt, in order to prevent the probate registry and/or court making decisions to progress administration of the estate without your input. Strategic advice on plans to proceed with the relevant wills (if applicable) and estate should be taken as soon as possible.