Re: Is probate required?
Posted: December 23rd, 2016, 6:18 pm
Clitheroekid wrote:Gengulphus wrote:And from the creditor's point of view, the process of collecting the debt if the executor fails to pay up, and the amount of work it involves, is the same whether or not the executor is obtaining probate.
From the point of view of a creditor's solicitor that is certainly not the case.
If a grant has been taken out it's very simple - you just sue the executor / administrator. But if no grant has been taken out there's nobody to sue.
Surely an executor's authority derives from the will, not from probate? And once they have "intermeddled" with the estate, they cannot renounce the role?
In the situations I am comparing, there is an executor named by the will and they have distributed the estate, and the only difference is whether or not they've obtained probate. You seem to instead be comparing that situation (with the executor having obtained probate) with a situation where a person or persons unknown have distributed the estate without obtaining probate.
Gengulphus