This is the second part of a series about applying for an estate grant, which most people refer to as “probate”.

My goal is to help those struggling to do this on their own without hiring a lawyer. A fringe benefit for others readers is understanding the probate side of things can help with estate planning.

This week I will discuss determining who makes the application and giving notice.

Typically, it’s the named executor(s) in the will who apply for the estate grant. But that’s not always the case. The named executor might have died or is no longer willing or capable of taking on the role. Maybe it’s a home-made will with no executor appointed at all.

Section 131 of the Wills, Estates and Succession Act gives a priority list of people who can apply for an estate grant in those circumstances. Anyone can take on the role with the agreement of the beneficiaries.

Another scenario might be that your dad’s very old will names his sister, now aged 85, to be his executor because at the time he made his will you and your siblings were toddlers. With your aunt’s agreement, you and your siblings could decide one of you will take on the role. Yet another example could be your dad named all three of his........

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