Probate FAQ’s

What is Probate?

The word Probate means to prove. Probate occurs when a person dies leaving a Will outlining their Testamentary wishes. The party who is responsible for the distribution of your estate is known as the Executor. An Executor will seek to obtain a Grant of Probate and also compile a schedule of assets such as property or bank accounts and pay all your debts. Once debts are paid the balance of the Estate is distributed to the beneficiaries of the Estate.

 

How long does probate take in Ireland?

Typically, the relevant grant is received within 3-6 months from the date of receipt of all the relevant information. The timelines largely depend on the level of applications the Probate office is dealing with. Once the grant is received, certified copies are sent to the various Financial institutions so that the funds can be received and distributed. It should be noted that delays can occur where a Will is contested. Our Probate Solicitors can advise as to any likely timeframe and likely delays. Further, it is important to note that an Executor or Administrator has 12 months to deal with the distribution of an Estate from the date of death. If an Executor or Administrator fail in this regard a potential beneficiary may apply for the relevant Grant.

 

What if the executor does not probate the will?

An Executor who fails to act could face legal proceedings by the heirs or creditors who stood to benefit from the estate. The heirs may sue for damages due to not being given the assets to which they were entitled.

 

Do I need to apply for Probate?

In cases where an Estate is under €25,000 and there is no property involved there is a procedure which allows the Estate to be administered without the need to apply for either a Grant of Probate or Grant of Administration. In many cases this procedure is used when there is no property and involves only funds in a Credit Union or Bank Account.  In such cases the relevant bank or credit union may simply release the funds.

 

How long after Probate can funds be distributed in Ireland?

It is not possible to say with absolute certainty how long the Probate process takes.  Typically, after the Grant of Probate has issued and all state clearances are received the funds may be distributed.

 

In some cases, a Grant of Probate/Administration can issue within 3 months of the submitting of the application papers. It of course could take longer.

It should be noted that there is a concept known as the Executor’s Year.

 

The Executor’s Year gives the Executor 12 months to distribute the estate from the date of the Testator’s death. After the Executor Year has lapsed their actions can be challenged in court.

 

What is a Grant of Probate?

In cases where the deceased has left a Will, the Executor has the responsibility to apply to the Probate office for a Grant of Probate. Under Irish Law the Executor must administer the Will. If the Executor is not in a position to administer the Will, then they should renounce their position and allow a suitable party to take over the position as Executor. In some cases, there is more than one Executor, and they may jointly apply for the Grant of Probate.

 

How long do banks take to release money after Probate?

In circumstances where the monies held on account are over €25,000 the bank will likely always request a Grant of Probate.  A Grant of Probate/Administration will need to issue therefore before monies are released.

 

What if the Executor does not Probate the Will?

It should be noted that there is a concept known as the Executor’s Year.

 

The Executor’s Year gives the Executor 12 months to distribute the estate from the date of the Testator’s death. After the Executor Year has lapsed their actions can be challenged in court.

 

Do you have to get Probate when a spouse dies?

It should be noted that you may not need a Grant of Probate if your spouse dies and leaves behind assets that are not jointly owned with the surviving spouse. However, if the surviving spouse is the joint owner of their property and bank accounts, a Grant of Probate may not be required.

 

Why do I need Probate?

Probate is usually required to deal with an estate which includes Property and/or if there are monies held on account over €25,000.  You may not need Probate if the estate is made up of smaller amounts of cash, personal property or property held jointly.

 

Do all wills go through Probate?

It should be noted that in general Wills which transfer the deceased Real and Personal property to a beneficiary will go through Probate and require a Grant of Probate.

 

How long can an Estate stay in Probate?

It is not possible to say with absolute certainty how long the Probate process takes. It should be noted that there is a concept known as the Executor’s Year.

 

The Executor’s Year gives the Executor 12 months to distribute the estate from the date of the Testator’s death. After the Executor Year has lapsed their actions can be challenged in court.

 

What happens if the Beneficiary dies before Probate?

A Will may provide instructions for what happens if a beneficiary predeceases the Testator for example it may indicate an alternative beneficiary or instruct that the gift fall into the residuary of the estate and be distributed in accordance with the residuary clause in the Will. It should be noted if there are no clear instructions in the Will, the gift may be distributed in accordance with the rules of intestacy.

 

What is the Probate process in Ireland?

The word Probate means to prove. Probate occurs when a person dies leaving a Will outlining their Testamentary wishes. The party who is responsible for the distribution of your estate is known as the Executor.

If Probate is indeed required, the deceased’s assets will be frozen until the Grant of Probate has issued or a Grant of Administration if there is no Will. The Probate process may be outlined as follows:

 

Stage 1 – Establish whether there is a Will

The first stage is to decipher whether or not there is a Will. If a beneficiary or a Solicitor’s firm already know where the Will is located, then this is a simple task. If not, your appointed Solicitor will need to investigate where the Will may have been stored. Once the Will is located, the Executor must be located so that they can confirm that they are willing to act.

If no will is found, then the deceased next of kin must be located so that they might make an application for a Grant of Administration. Executors act were there is a Will, Administrators act where there is no Will, they may both also be known as Legal Personal Representatives.

 

Stage 2 – Establish who the beneficiaries are.

The Legal Personal Representatives must locate the beneficiaries under the Will or under the Rules of Intestacy if there is no Will with the help of their Solicitor. This process may be very short if there are few beneficiaries who all live in the locality or may be more complex where beneficiaries are living abroad or have lost contact for one reason or another. In circumstances where the beneficiaries cannot be found then a Court order may be necessary.

 

Stage 3 – Establish the value of the Estate

This stage involves the identifying of the deceased assets (Real & Personal Property) and liabilities (debts etc). This stage will involve correspondence with financial institutions and engaging a professional valuer. It is imperative that all assets and liabilities are identified. This stage is probably the most time consuming.

 

Stage 4 – Complete the necessary forms & Probate Application

There are a number of forms, Oaths, Bonds and an Inland Revenue form which then must be completed. A Death Certificate, Original Will and the Divorce Decree, if relevant, would also from part of the application.

 

Stage 5 – Issuing of Grant

Once the application has been made it is a matter of waiting for the Grant to issue or in the alternative respond to any queries the Probate Office may have.

 

Do I need a Solicitor for Probate?

It should be noted that the Probate process can be long and complex.  It is highly unusual that an Executor would choose to go through the process without the services of a Solicitor. By employing the services of a Solicitor, they can complete all required legal, administrative and tax affairs.  These tasks include Tax documentation, locating Wills and beneficiaries and the lodging of the application for Probate. By employing the services of a Solicitor an Executor can insure that do not fall foul of the permitted Executor’s Year.