Executor Application

Our Executor Application Service

£150 fixed and inclusive fee

Application to appoint an Executor prepared by our professionals.

Includes:

  • Assessment of your requirements

  • Preparation of Court Application to appoint executor

  • Covering letter to Sheriff Court

Who is the Executor?

The Executor is the person, or people, legally responsible for administering a person’s estate.

They must pay any taxes and debts that are due before paying out any money or transferring property to those who are entitled to inherit (subject to Legal Rights).

Where there is a Will, the Executor must also make sure that they carry out any specific wishes made by the person who has died.

If the Executor makes a mistake, they might end up having to make a payment out of their own money.

Who can be the Executor?

The Executor can be appointed in two ways:-

  1. If there is a Will, the executor is the person named in the Will and is known as an Executor Nominate, i.e. has been nominated to deal with the estate.

  2. If there is no Will, or the Executor Nominate is not able to act or has died, an application must be made to the Sheriff Court to appoint an Executor Dative.

Who can apply to be Executor Dative?

Usually, the spouse or civil partner if there is one, or children. Otherwise, it must be someone who is due to inherit from the deceased. Once the Executor is appointed you can then apply for Confirmation and get your inheritance. It is a formal process and must be done in accordance with the Sheriff Court Rules,

We can do the Court Application for you and take away the stress.

Check here to see if you also need a Bond of Caution.

If you need to apply to be appointed as Executor Dative we can prepare the Court application for you.

More services