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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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My father has died with a Will which names 4 people as executors

Resolved Question:

My father has died with a Will which names 4 people as executors - 2 solicitors, my brother, & his second wife. At the time of his death, he owned no property, or assets of any kind, & had debts on his credit cards. The only possible source of money is from an outstanding invoice of £10,000 for his architectural work. However, this may or may not be paid due to the work not being completed yet.
Question -
1.My brother lives abroad & doesn't want to be an executor and asked me if I want to "take his place" as an executor. Is this possible?
2. As the estate has no apparent value, is there any need to go through the Probate process?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
It seems like there is nothing to execute really as the estate does not have any assets and has a few debts and the possible invoice to collect.
As such, there is no need to go through probate.
I do not see the need to have so many executors as there is nothing much to execute as pointed out above and so not much point in you acting in your brother's place.
May I help further?
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi,

As you suggest there is no need to go through probate:

1.Does my brother have to notify anyone that there will be no probate?

2.Do the executors (all 4 of them) have to make a formal agreement that there will be no probate, in the form of some legal document?

3.If there are no executors, who is supposed to notify the credit card companies, & chase the outstanding invoice,etc.? Can his old secretary or me do it?

Thanks

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