There are some situations where an Executor may purposefully delay applying for probate. The reasons may range from lack of effort, insufficient funds to start the process, lack of knowledge and/or tactical advantage. An interested party has the right to force the executor to start moving forward on winding up the estate.
Under Rule 25-11 of the Supreme Court Civil Rules, a person with an interest in the estate may serve on each person named as an Executor in the Will a Citation in Form P32. This Citation must be in regard to the testamentary document, which requires the served person to apply for a grant of probate in relation to the Will.
The person serving the Citation is called the “citor”. A Citation must include the following:
After a Citation is served, the person who is cited must, within 14 days after being served, do the following:
If the person cited does not provide a response within 14 days after being served with the Citation, the cited person is deemed to have renounced executorship in relation to the Will.