The Probate Process

Probate is the legal process of administering a deceased person’s estate. This involves validating the will (if one exists), identifying and valuing assets, paying debts and taxes, and distributing assets to beneficiaries. The probate process can be complex, and having experienced solicitors can help streamline the process and avoid potential pitfalls.

When Probate is Required

Probate is generally required when the deceased owned assets solely in their name or as tenants in common, or if the estate’s value exceeds a certain threshold, typically €25,000. Assets held jointly with rights of survivorship, such as joint bank accounts or jointly owned property, usually pass directly to the surviving owner without the need for probate. Similarly, assets with named beneficiaries, like life insurance policies and retirement accounts, often bypass probate.

Our Probate Services

We offer comprehensive probate services, including:

• Will Validation: Ensuring the will is legally sound and valid.
• Estate Inventory: Identifying and valuing all estate assets.
• Debt and Tax Management: Handling debts, taxes, and other financial obligations.
• Asset Distribution: Distributing assets to beneficiaries according to the will or state law.
• Court Representation: Representing the estate in probate court.

The probate process typically involves several key steps:

1. Confirm the Need for Probate: Determine if probate is necessary based on the value and ownership of the assets.
2. Appoint the Personal Representative: The executor (if there is a will) or administrator (if there is no will) is appointed by the Probate Office and receives the Grant of Representation.
3. Gather Assets and Determine Value: The personal representative identifies and values all assets and liabilities of the deceased, including real estate, bank accounts, shares, and debts.
4. Prepare Required Documentation: This includes the death certificate, the original will (if applicable), the Inland Revenue Affidavit (SA2), completed probate application forms, and an oath sworn by the executor/administrator.
5. Lodge the Application: The completed documents are submitted to the Central Probate Office or a local District Probate Registry.
6. Wait for the Grant of Probate/Administration: The waiting time varies, with straightforward cases taking 3-6 months, and more complex cases potentially taking over a year.
7. Administer the Estate: After receiving the grant, the executor gathers assets, settles debts and taxes, pays inheritance tax, and distributes assets to beneficiaries.

Who Can Apply for Probate

The individuals who can apply for probate are typically those named as executors in the will. If no executors are named, or if the will is invalid, the nearest living relatives, as determined by the Succession Act 1965, can apply. The priority for administration applications is as follows: spouse/civil partner, child, other close relatives.

Why Choose Us?

Our team of experienced solicitors has a deep understanding of wills and probate law. We are committed to providing personalised service, clear communication, and effective legal solutions. We are the firm families rely on for legacy planning and compassionate legal support.

Contact Sherwin O’ Riordan Wills & Probate Team Today –

Ph: 01 663 2000

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