Personal Representative Dies - who can apply for Letters of Administration?

[Smokey1]

Hoping someone can help me clarify what happens if a personal representative dies.

My uncle passed away a few weeks ago without leaving a will and mum had started dealing with his affairs, waiting for the death certificate before applying for Letters of Administration. Sadly, mum took ill and passed away last week (again without a will) and I don't know who should take over the role of applying to administer my Uncle's estate. Mum's jointly owned house passes to her husband from what I understand so is he automatically her personal representative and able to make the application? Should it be me as her eldest child? From what I've read the Non Contentious Probate Rules apply but I'm not seeing clearly as to who the rules designate to take over mum's role. They do have another (estranged for want of a better term) brother and two half siblings but all I can say is that I want to ensure my uncle's estate is dealt with properly! I have the PA1A and IHT forms printed and a summary of the estate and debts etc, just don't want my step-dad or myself to make the application and it be refused. Thanks in advance for any advice.

[des8]

Condolences on your recent losses

Regarding your uncle's estate, as the person (your mother) who was entitled to the grant of letters of administration has passed, the next in line as per The Non-Contentious Probate Rules 1987 (sec22) should apply.

If your mother's house was owned with her husband as joint tenants (and not tenants in common) it passes automatically by right of survivorship to her husband and does not form part of her estate. As per the rules above her husband is first on the list for applying for letters of administration.
If there is no other real property or stocks and shares within her estate it might be that letters of administration will not be needed.

[Smokey1]

Thank you, no mum didn't have anything other than the house so no estate as such. It's Section 22 I've read but Paragraph 4 that's confusing me, does it mean mum's husband has the right to apply regarding my uncle's estate? It mentions spouse but does that refer to spouse of the original deceased. It seems straight forward until that part!

"(4) Subject to paragraph (5) of rule 27, the personal representative of a person in any of the classes mentioned in paragraph (1) of this rule or the personal representative of a creditor of the deceased shall have the same right to a grant as the person whom he represents provided that the persons mentioned in sub-paragraphs (b) to (h) of paragraph (1) above shall be preferred to the personal representative of a spouse who has died without taking a beneficial interest in the whole estate of the deceased as ascertained at the time of the application for the grant."

[des8]

Your mother had not been appointed administrator, so the next person in line (in this case her brother?) has the right to apply.
A living person takes precedence over the personal representative of a deceased person when applications for administration are made.

[Smokey1]

Thanks again, would it have any bearing on an application should the next in line not have resided in the UK for many years? I don't know the details but was told it was something to do with avoiding the authorities at the time!

[des8]

If he doesn't wish to act as administrator he may renounce the position :https://www.gov.uk/government/public...xecutor-rights

Time out of UK has no effect