Friday, March 22, 2019

Probate is a legal process that allows a person to deal with a deceased person's assets e.g. property, money, life policies, credit union accounts, etc. in accordance with the wishes expressed by the deceased person in their Will.

The authority to do this is given in the form of a document from the Probate Office (or the local District Probate Registry) known as a "Grant of Representation" and also known as a "Grant of Probate". Where there is a will a Grant of Probate (or Letters Of Administration , where there is no will) are necessary if a person dies leaving property in his/her name to enable the property to be sold or transferred into the name of another person.

The same principle applies if the deceased person died leaving money in a bank or other financial institution or has life policies in his/her sole name. The bank or insurance company will not release the money to the Executor without a Grant of Probate if the amount due is over a certain amount. This amount is set by the financial institution.

The person with this authority is the Executor named in the deceased's Will, (or if the Executor is not alive or is unwilling to act or there is no will the person entitled to take out the Grant is usually the nearest living relative. This person is known as the Administrator). Executors and Administrators are often referred to as the "legal personal representatives".

The legal personal representative usually engages the services of a solicitor to carry out the process of extracting the Grant of Representation on their behalf.

The process of applying for a Grant of Probate from the Probate Office (or from the local District Probate Registry) is as follows:-

  • Step 1: All assets and liabilities are quantified. Property should be valued by a Valuer/Auctioneer.

  • Step 2: A Tax Form (Inland Revenue Affidavit) is completed in which the Personal Representative sets out all the assets and liabilities and identify any Inheritance Tax due.

  • Step 3: The Personal Representative completes Affidavits to apply to the Probate Office for a Grant of Probate.

  • Step 4: The Inland Revenue Affidavitt and other necessary documents are lodged in the Probate Office (or District Probate Registry) to apply for the Grant of Probate. These documents are reviewed both by the Revenue Commissioners and the Probate Office.

  • Step 5: The Grant of Probate issues and assets are collected, distributed and land transferred.

Dermot McNamara BCL,
Notary Public
Commissioner for Oaths

Collette Bryson BA (Hons)

Frances Cunneen T.E.P. Trust & Estate Practitioner

Lorraine Byrne

M.I.I.L.Ex, Legal Executive

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