Probate Information

PROBATE INFORMATION- Dublin City Centre Probate Solicitors

The following is some information about extracting a grant of Probate and Grants of Administration:

Testacy or Intestacy

Where a person dies having made a Will they are said to have died testate. Where a person dies without having made a Will or not having made a valid Will they are said to have died intestate.

Probate

Where a person dies having made a will the person appointed under their Will to distribute their estate to the person(s) entitled to it under the terms of there Will is known as an executor. Prior to being able to distribute the assets of the estate the executor(s) must obtain official recognition of their role as executor. The process of extracting this Grant of Representation is known as extracting a Grant of Probate

Grant of Administration

Where a person dies without having made a Will the Succession Act 1965 provides a list of people entitled to extract a grant of representation for the purposes of distributing the estate according to the terms of that Act. The grant of representation is known as a Grant of Letters of Administration. The order of priority of the person or persons entitled to extract the grant and the persons entitled to the estate of the deceased are based on their relationship to the deceased.

In circumstances where a person has died having made a will but the person or persons appointed to act as the executor or executors are not in a position to extract the grant of representation or refuses to act as the executor(s) who is to take out the Grant?

In these cases the Succession Act 1965 lists the persons entitled to extract the grant of representation. The person who extracts the grant of representation is known as having taken out letters of administration with Will annexed.

The Beneficiaries of an Estate.

The person or persons entitled to the estate of the deceased are known as the beneficiaries of the estate. Where a person dies having made a valid Will the person(s) entitled to the estate are named under the terms of the Will.

Where a person dies intestate there Estate will go to those persons entitled under the succession Act 1965.

How long does the process take?

Not all estates will require a Grant to administer. In cases where all the property is owned in joint tenancy or where the assets are below a certain value it may not be necessary to apply for a Grant in order to realise or transfer the assets.

In cases where a grant of probate or letters of administration is required there are a certain number of forms and affidavits to be completed. The main form is an Inland Revenue affidavit which lists all the assets and liabilities of the deceased as at the date of death. Once all this has been completed and the grant of representation has been received then all the assets of the estate can be gathered up. Once the assets of the estate have been collected they can then be distributed according to the terms of the Will or according to the rules of intestacy. It usually takes in or about six months to a year to distribute a straightforward estate

Certain events may cause the process of extracting a grant of representation to take longer than normal. For example delays may occur if there is a contentious issue in respect of the Will or where the Probate Office, the government body that issues the grant of representation, requires clarification on any issues in respect of the application to extract the grant.

An administrator/ executor has twelve months in which to distribute the estate. After that time has elapsed the person entitled under the terms of the Will may raise questions as to why the estate has not be distributed and if not satisfied with the answers may apply to extract the grant of administration themselves.

Who are the persons entitled to an estate on intestacy?

The Succession Act 1965 provides a list of the persons entitled to inherit from the estate of a person who dies without making a Will. The order of the persons entitled is as follows:

1. Spouse and children/civil partner and children

2. Grandchild

3. Great-grandchildren

4. Great Great-Grandchildren

5. Parents

6. Brothers and Sisters

7. Nieces and Nephews

8. Grandparents

9. Uncles and Aunts

10. Great- Grandparents

11. First Cousins/ Great Uncles and Aunts/ Great Nephews and Nieces

12. Great Great-Grandparents

Our Service

Our Solicitors are happy to advise and assist you in any aspect of estate planning or administration.

We hold over forty years' experience in dealing with this area of Law and as such we guide our clients through the process, from start to finish in as professional and clear a manner as possible.

If you would like further information on any matter involving the distribution of an estate why not contact us on 01-679 3539 or via email on info@pposullivan.ie for a consultation.