Applying for Probate by Post When the Executor Has Died Before the Testator

When someone dies leaving a will, the executor named in that will is usually responsible for applying for probate using Form PA1P. However, complications arise if the named executor has died before the person who made the will (the testator). In this situation, the standard probate application process requires adjustment, as the original executor cannot act.

Understanding the Issue

Probate grants the legal right to deal with the deceased’s estate. If the executor named in the will is no longer alive, they cannot apply for probate. The law expects an executor to apply, but if none can do so, the responsibility may fall to another person named in the will, or to a beneficiary.

Using Form PA1P in This Situation

• Form PA1P is the standard form used to apply for probate by post when there is a will.
• If the named executor has died before the testator, you cannot complete the form as that executor.
• Instead, a person entitled to administer the estate—such as an alternative executor named in the will, or a beneficiary—may apply.
• The form allows a beneficiary to apply for probate if there are no executors able or willing to apply.

It is important to note that if the will does not name any surviving executors, or if all executors have died, the court may grant letters of administration with the will annexed instead of a grant of probate. This is a different legal document giving the right to administer the estate.

Practical Steps to Apply by Post

1. Identify who can apply: Check the will for any surviving executors or, if none, beneficiaries willing to apply.
2. Obtain Form PA1P: Download the latest version of the form from the official government website or request a paper copy from your local probate registry.
3. Complete the form carefully: If you are applying as a beneficiary because the executor has died, indicate this clearly on the form.
4. Include the original will and death certificates: You must send the original will and the death certificate of the deceased testator. If the executor named in the will has also died, include their death certificate as evidence.
5. Send the application by post: Post the completed form and supporting documents to the address provided in the form guidance.

Keep copies of all documents sent for your records. The probate registry may contact you for further information or clarification.

When to Seek Legal Advice

If the situation is complex—for example, if there is no surviving executor or clear beneficiary, or if the will is contested—you may need to seek legal advice. The probate registry will consider applications from beneficiaries but may require additional documentation or a different form of grant.

For precise guidance on your case, contact the probate helpline or consult the official government guidance on probate applications.

Official reference: https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will. Always check the latest official guidance. Related forms: Browse our form category.

Important: This article provides general information. Government rules, forms and procedures can change, and this article may not reflect the latest updates. Check current GOV.UK guidance or the relevant authority before relying on it. ITG & Co. is independent and is not affiliated with a government department.