Estate administration, removal of executors and account search
How long does an executor have to finalize the estate and how do I remove/replace an executor or administrator?
Generally, personal representatives (executors or administrators) have 12 months to administer an estate without interference from beneficiaries or creditors. It’s called the year of the executor, but it’s not a rule set in stone.
If you are a beneficiary, you have the right to ask the court to remove/replace an executor or administrator.
If a grant has not been removed from the probate register, an application may be made under section 116 of the High Courts Act 1981 to remove (or ‘override’) a personal representative and appoint a alternate administrator. A request under Section 116 can be made by any interested party, not just beneficiaries and creditors.
If a grant has been removed from the probate register, a beneficiary will need to apply to court under section 50 of the Administration of Justice Act 1985 for the removal or replacement of a personal representative.
Executor/Administrator refuses to provide beneficiaries with estate information – how do I get an account?
Personal representatives must maintain estate accounts and these must be made available to a beneficiary or creditor upon request for inspection. If this request is refused or if the accounts are not clear or accurate, then it is possible to apply to the court for an order of inventory and account. The court can then order that the information be provided.