Applying for probate - not an executor

[Mumwithbaggage]

Hello,

A while ago I got some very helpful advice about my dad's will and the rather (extremely) slow solicitors. Thanks to that they have agreed to renounce but it's taking an age for them to get a document signed by 3 partners.

Can I apply for probate in the meantime as sole beneficiary? The will is there for me to pick up but I was waiting for the renouncement document too. I do have a letter to the bank from them saying they are in the process of renouncing so I could settle the funeral fees from dad's account.

There's no IHT (house was in DH/my names) and we're aware that we'll have CGT to pay down the line etc. I know we don't need probate to sell the house.

I'd just like to get it in the system - mainly so my dad (who would have very much wanted to) can help out my ds who bought his first house a couple of weeks ago.

So basically (I've read the Gov.UK page and I'm still not sure) as sole beneficiary with a will can I apply for probate even if I'm not yet an executor?

If there's a straightforward yes/no answer I'd very much appreciate it. If not, I'll get back to my chivvying them on emails.

Thank you.

If there are named executors they must apply for probate. Beneficiaries can't. At least that is our experience. Who's named as executor in the will?

The solicitors but they have agreed to renounce and name me. I'm guessing I'll have to wait for them.

If they are named as executors then you will need to wait for the renunciation document before you submit the will to probate. A will can only by submitted by the executors so they won't accept it without the renunciation doc. Don't know why it's taking them so long though. It's literally a standard form that they will have already stored on their computer. Just need to change the names etc and sign it!!

Seriously, you couldn't make it up. The letter to the bank they wrote started, "Dear sirs." They really are not in the 21st century.

Your post doesn't make it clear if you are an alternate Executor to the solicitors. If not then when they renounce you apply for Administration of the Estate. Once you've got that you are then at liberty to proceed to deal with things. In practice if you are the sole beneficiary then paying debts and testamentary expenses from funds prior to the issue of the letters of Administration is unlikely to be an issue as you are just doing what needs to be done, however, personally I would wait until they have renounced before proceeding as until that time they are the ones entitled to deal with the estate.

redastherose, thank you. I'm not an alternate Executor so as you say will be applying for administration of the estate. I'll hold on a while then - just so many daft little bits hanging like council tax and a few premium bonds but I guess they aren't going anywhere. I'm just used to working at a faster pace. At least now the funeral expenses are paid I feel less guilty - my father was a retired clergyman who had worked with the firm a number of times! I think it's only just really started to hit me that he's died. He was 93 and I knew he wouldn't go on forever but everything was a bit of a blur from him contracting Covid in hospital to us picking it up when we were called in just before he died. I keep finding little notes in his handwriting about stuff.