Can an executor of NSW apply for probate? A will may name one or more people as executors (called 'instituted executors') as well as backup executors (called 'substitute executors'). What does unable to act mean?
If the instituted executor named in the will does not want to act they can file a Renunciation of Probate form with the Supreme Court of NSW. Passing over versus removal. If an executor needs to be relieved of their duties before probate has been grante they are “ passed over” as executor.
This means that the executor is removed before they have a chance to act as executor. If an executor delays in obtaining a grant of probate in relation to the to the estate or, having obtained a grant, delays in the administration of the estate, it is possible for an interested party to make application to the court for the removal of executor and the administration of the estate by an independent person such as the Public Trustee (called an “administration order”). The court can then manage that process, either setting out the next steps for the executor or handing them over to another nominated person.

