Probate is the process is by which the court checks and verifies the validity of a will. In most Wills, an executor or two is appointed. The executor is the only person who can  apply for a grant of probate in Jamaica. This is typically done under the guidance of a probate lawyer. The main duty of the executor is to collect all assets of the deceased person, pay all the debts owed by the estate, and then distribute the estate to the beneficiaries in accordance with the provisions of the will of the deceased will. The question then arises as to what to do in the event that the executor dies. The answer to this depends on when the executor dies. This article is written from the perspective of a probate lawyer in Jamaica and will examine how the estate of a deceased can be wounded up in the event of the death of the executor.

Executor Dies before the Obtaining A grant of Probate or dies before the Testator  

Where the executor dies prior to obtaining a grant of probate or simply before the person who makes the will, this will not affect the administration of the estate of the deceased person if there is another executor named in the will who is still alive. The surviving executor will simply account for the absence of the deceased executor by stating that the said executor is deceased and exhibiting the death certificate of the deceased executor. In the event that all the executor or executors predeceased the testator or died before obtaining a grant of probate, one of the beneficiaries under the will may make an application for a Letters of Administration with Wills Annexed. The beneficiary may do so and prove that the executor or executors died before taking probate by exhibiting a copy of the death copy of the executors. Letters of administration can also be applied for by a representative of the deceased executor.  

Executor dies after obtaining the grant of probate

The other question is what if the executor dies after obtaining a grant of probate but before actually wining up the estate of the deceased. If the executor(s) under the will dies after the testator and after probate but before the actual winding up of the estate, the first thing to ascertain whether the deceased executor left behind a will in which he appointed at least one executor. The executor of the will of the deceased executor or a relative of the deceased executor can proceed to apply for a letters of administration with will Annexed.

The executor appointed under that deceased executor’s will then has the authority to complete the administration of the estate through what is known as the ‘chain of representation’. Similarly, where the executor dies without leaving a will or appointing an executor an application can be made for a Grant of Administration in the estate.

To avoid these delays, probate lawyers in Jamaica will advise their clients to appoint more than one executors under a will.