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Citation

Also known as: Probate Citation, Citation to Take Probate

Definition

A citation is a formal court notice compelling someone entitled to probate to act within a specified time or forfeit their right as executor.

Citations under the Non-Contentious Probate Rules 1987 provide a cost-effective remedy (£12 court fee) when estate administration stalls or will validity needs resolution.

What Does Citation Mean?

Under Rules 46-48 of the Non-Contentious Probate Rules 1987, a citation requires the person cited to enter an appearance and take specified action, failing which the court grants representation to the next entitled person.

Three citation types exist for specific circumstances. A citation to accept or refuse (Rule 46) forces someone entitled to decide whether to act or renounce. Issued by anyone who would be entitled if the cited person renounced, it doesn't require waiting six months and is used when an executor takes no action. Emma's father died naming her brother David (in Australia) as executor. Five months later, he hadn't applied or renounced. Emma issued a citation. David renounced, allowing Emma to apply.

A citation to take probate (Rule 47) compels an executor who has intermeddled—taken steps like closing accounts or selling assets—to obtain a grant. Requires six months from death and can be issued by any person with estate interest. Margaret was executor of her aunt's estate. She sold the house and closed accounts but hadn't applied for probate nine months later. A beneficiary issued a citation. Margaret applied within three weeks.

A citation to propound a will (Rule 48) requires executors of a later will to prove its validity or allow an earlier will to stand. Used when multiple wills exist with questions about capacity or undue influence. Patricia died with a 2019 will dividing £520,000 equally among four grandchildren, and a 2023 care home will leaving everything to one. The other three issued a citation for £12. The cited grandchild had eight days to prove validity.

Citations require strict compliance: settled by a judge, personally served, and supported by affidavit. The citor must enter a caveat. The citee has eight days to file Form 5. Failure to respond extinguishes their right. If they appear but don't act, the citor can apply for a court order.

Common Questions

"When can I issue a citation against an executor?"

You can issue a citation to take probate after six months from death if an executor has intermeddled but hasn't obtained probate. Any person with estate interest can issue this. The £12 court fee makes it cost-effective compared to contentious probate litigation (£5,000-£15,000+).

"What happens if someone ignores a probate citation?"

If they fail to appear within eight days, their right to act is extinguished and the next person can proceed. If they appear but don't act, you can apply for a court order compelling them or allowing you to proceed. The eight-day deadline is strict.

"What is the difference between the three types of probate citations?"

A citation to accept or refuse forces someone to decide whether to act or renounce—used when they take no action. A citation to take probate compels an executor who has intermeddled to obtain a grant—used after six months. A citation to propound a will requires proving a later will's validity or allowing an earlier will to stand—resolves which will should be admitted.

Common Misconceptions

Myth: I can force the executor to apply for probate immediately after the funeral.

Reality: You must wait six months from death before issuing a citation to take probate. Citations to accept or refuse can be issued earlier, but only when the executor hasn't started acting at all.

Myth: Issuing a citation automatically removes the executor and lets me take over.

Reality: Citations compel action or decision, not automatic removal. Only if they fail to respond within eight days or repeatedly fail to act can you apply for a court order. It's a procedural tool to force decision-making, not immediate substitution.

  • Executor: The person most commonly cited for failing to apply for probate or renounce.
  • Probate: The legal process citations compel—obtaining the grant that authorizes administration.
  • Grant of Probate: The court document citations require executors to obtain or forfeit.
  • Renunciation: Formal giving up of executor rights—often the outcome of citation to accept or refuse.
  • Probate Registry: Where citations are issued, settled, and appearances filed.
  • Contentious Probate: The expensive alternative (£5,000+) citations avoid with £12 procedure.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.