As executor, I'm not ready to deal with the estate yet. But I have been served with a citation. What are my rights?

Losing a loved one is painful, and dealing with legal demands while you're grieving can feel overwhelming.

When an executor hasn't applied for probate, people who have an interest in the estate (such as creditors and beneficiaries) can serve a citation. That’s a legal notice that requires you to move forward with probate or officially step down. You have 14 days from when you were served to respond. 

Once you’ve been served a citation, you have three choices:

1. Apply for probate. If you're ready to take on the role, you can start the probate process. That’s the legal process that proves the will is valid and gives you the authority to deal with the estate. Using form P33 (found here), you can let the creditor know you will be applying for probate. (You have to apply for probate within six months of being served the citation. Otherwise, it will be assumed that you’ve renounced your role as executor.)

2. Step down officially. If you don't feel able to handle the executor responsibilities, you can complete a form saying you refuse to apply for probate (also form P33). This officially releases you from the role. (It's okay to step down. No one can force you to be an executor. If you're not in a place to handle it right now, that's completely understandable. If you choose to do this, you cannot later be involved in dealing with the estate.) 

3. Don't respond. If you don't respond within 14 days (or don't get probate within six months), the law treats you as having stepped down from the executor role automatically. It's better to formally decline using the right form.

If you've already started dealing (or "intermeddling") with your sister's estate — like collecting money, paying bills, or distributing property — it may be too late to simply step down. You might need a court order, which is more complicated.

Taking care of yourself while grieving is important. Don't feel guilty if you need to step away from this responsibility. To help you decide whether you’re ready to take on the role, you can learn more about the duties of the executor.