General Probate Information
We have set out below some general information about the process of extracting a Grant of Probate/ Grant of Administration. We have also prepared a Legal Personal Representative Checklist along with FAQ: we hope these will be of assistance to you.
What is Probate?
When a deceased has made a Will, the process which allows the assets to be distributed is called Probate. The representative(s) of the deceased is known as the Executor (s).
If there was no Will, then the process is called Administration.
What is Administration?
When a deceased has not made a Will, the process which allows the assets to be distributed is called Administration. The representative(s) of the deceased is known as the Administrator(s).
If there was a Will, then the process is called Probate.
Grant of Probate/ Grant of Administration
The Grant of Probate or Grant of Administration is the document which allows the assets of the deceased be gathered and distributed. A Grant of Probate is used when the deceased has made a Will.
If the deceased did not have a Will then the grant will be a Grant of Administration. In this case the legal personal representative will be called an ‘Administrator’. This Administrator will be one of the people who are entitled to inherit from the deceased as provided by the law.
Beneficiaries
The persons entitled to inherit under the Will or Intestacy are known as beneficiaries and their details, including PPS numbers and previous inheritances, must be included in the Inland Revenue Affidavit. In addition, Capital Acquisitions Tax (inheritance tax) returns must also be made on behalf of each beneficiary who inherits a certain value of inheritance. It is vital that these tax returns are filed and any tax paid on time to avoid penalties and interest. In addition, the Executor or Administrator will be liable for such tax if the beneficiary defaults and thus the Executor or Administrator must insist on the necessary tax clearances being obtained.
Time Scales
In general, we find that most of our Grants are obtained within a six month period from receipt of all relevant information.
Once the Grant of Probate/Administration is issued from the Probate Office, it is sent to the various financial institutions and the assets of the Estate are collected. These assets are then distributed.
In the event of any queries arising in relation to the Will or the Will being contested, the process can take longer. In all cases we will advise of the likely timeframe in light of the facts of individual case.
If the Probate office requires clarification of any issue in a Will, it may be necessary to trace witnesses and have them assist your solicitor in answering these queries. Happily cases such as these are the exception rather than the rule and most Probates are concluded within a nine month period from your solicitor receiving all relevant information.
An Executor/Administrator has 12 months from the date of death to deal with the Estate uninterrupted. After that time frame, the beneficiaries will be entitled to query delays and may apply to carry out the administration themselves if they feel that the existing Executor/Administrator is not performing adequately.
“Rules of Intestacy”
The Rules of Intestacy basically provide the order in which family members are entitled to inherit where there is no Will. The order is as follows: -
- Spouse and Children/Civil Partner and Children
- Grandchildren
- Great-Grandchildren
- Great-Great Grandchildren
- Parents
- Brothers and Sisters
- Nieces and Nephews
- Grandparents
- Uncles and Aunts
- Great-Grandparents
- First Cousins/Great Uncles and Aunts / Great Nephews and Nieces
- Great-great Grandparents
SUMMARY
- Consider whether a Grant will be required. The determining factor is the value of the assets that must be dealt with. If there is a very small value or all assets were held in joint names then it may be possible to deal without a Grant
- Regardless of the type of Grant required the process is essentially one of: -
- Establishing what assets the deceased owned at the date of death (i.e. valuing the Estate),
- Applying for the relevant Grant which will allow the legal personal representative deal with the assets, gathering in the assets and then, distributing them among those entitled under the Will or Rules of Intestacy.
Our Services
As Specialist Solicitors in Probate we are happy to assist or advise you in any aspect of your relatives/friends estate or will. If you need more information you can contact us.
We will be able to assist in every step of the process and at all times will advise you on the legal requirements for the Grant, the rights of those entitled to inherit or claim against the Estate and taxation matters, in particular Capital Acquisition Tax (gift and inheritance tax).
You can start by telling us your query or call us on 1890 940 140 or +353 (0)1 649 9900, Email us at law@traceysolicitors.ie or we can call you back. After discussing your situation with you, we can advise how to proceed. We look forward to hearing from you.
