Irish Probate Costs: Who will pay? Who has a say?
If you are an executor (if there is a will) or an administrator (if there is no will) you will be in charge of selecting a solicitor to assist you in making an application to the Irish Probate Office for an Grant of Probate or Grant of Administration to allow you gather in the assets of the deceased person, pay any debts and expenses and then distribute the balance among those entitled to inherit from them.
Irish Probate Fees: The Executor/Administrator’s Role
This is a complex and demanding job and along with this comes the responsibility of choosing the right Irish Probate Solicitor. The responsibility for agreeing the Irish probate fees of the solicitor lies with the executor or administrator.
The cost of probate in Ireland
Where possible, it is preferable to obtain a fixed probate fee at commencement of instruction. This will eliminate any uncertainty and enable everyone involved to budget and plan and have peace of mind. Speak to an Irish Probate Solicitor to find our more about the costs of probate.
Who pays the probate costs?
The legal costs of a probate solicitor instructed by the executor or administrator to take out a Grant of Probate in the estate are paid for from the estate. This means the costs of probate in Ireland are paid from the deceased person’s property and assets. These costs will be paid in priority to the inheritance due to the beneficiaries.
Who agrees the cost of probate?
The executor or administrator has the primary responsibility for agreeing the legal costs of the probate solicitor acting in the estate. However, technically, as the costs of probate are being paid before any inheritance due to beneficiaries is paid out, technically some of the beneficiaries are actually paying the costs and should be notified of the costs of probate as soon as is possible.
Mary made a will leaving everything to her two daughters, Jean and Orla. Mary appointed her brother Philip as her Executor. Philip has appointed a probate solicitor to extract the Irish Grant of Probate in the estate and has agreed a fixed fee with the solicitor. Philip receives a letter from the solicitor at the start of the case confirming the probate costs that are payable at the end. A copy of this letter is also sent to Jean and Orla.
The law is very clear as regards who should be notified regarding the costs of probate. This approach is clear and transparent and leaves no room for disagreement and more importantly no surprises at the end of the process.
We are happy to provide fixed fee quotations to executors in most cases once all relevant information is received. If you have any questions please feel free to contact us.