Can an Executor pass on the duties to someone else?

[mikesch88]

The Testator died in Scotland, one and a half years ago . The Executor happens to be a relative who is also a beneficiary. It is unknown to us remaining beneficiaries if there are co-executors amed on the Will . Beneficiaries till now have not been provided information and/or a copy of the Will. There is no interaction from the Executor who happens to be elderly, frail and ill. Because of this, the Executor has handed over the duties to another relative who lives outside Scotland. The Grant of Confirmation has not been filed probably because the estate may be relatively small but that too, is unknown. Therefore, we have no information regarding the Will since it probably wont become public without Probate.
May an Executor simply hand over their duties to someone else without consulting or telling the beneficiaries? In the worst scenario, what if the Executor should die before before the estate is settled? Would the person dealing with it become automatically the new Administrator or may someone else apply through Court for the position?
Thank you for your help

[Johnboy007]

Re: Can an Executor pass on the duties to someone else?

The Testator died in Scotland, one and a half years ago . The Executor happens to be a relative who is also a beneficiary. It is unknown to us remaining beneficiaries if there are co-executors amed on the Will . Beneficiaries till now have not been provided information and/or a copy of the Will. There is no interaction from the Executor who happens to be elderly, frail and ill. Because of this, the Executor has handed over the duties to another relative who lives outside Scotland. The Grant of Confirmation has not been filed probably because the estate may be relatively small but that too, is unknown. Therefore, we have no information regarding the Will since it probably wont become public without Probate.
May an Executor simply hand over their duties to someone else without consulting or telling the beneficiaries? In the worst scenario, what if the Executor should die before before the estate is settled? Would the person dealing with it become automatically the new Administrator or may someone else apply through Court for the position?
Thank you for your help

Once accepted, the post of executor is normally for life.
However, the executor can get help, or delegate most of his duties.
If it is too much for him, then he, or his representative, should apply to the probate court for transfer over to another person.

[enquirer]

Re: Can an Executor pass on the duties to someone else?

You would be wise to obtain a copy of the Will.

An executor may delegate their duties to someone else (liability remains however), or they may simply refuse the position, in which case it defers to the reserve executor, assuming that there is one. If there isn't a reserve, then someone would then have to apply to take control of the estate.

If the executor has delegated, and then dies, their servant does not automatically become the new executor.