Probate/Property of the deceased
Losing someone close to you represents a very difficult time, but it is also a time that demands a certain amount of pragmatism, particularly when it comes to the administration of the will. The first step you need to take when the matter of inheritance is raised is to seek legal advice from professionals that have expertise in probate law.
Probate Law Firm Ireland
Professional advice often proves a real asset in demonstrating your options after bereavement. It helps you to plan for the next step with total confidence and with the backing of legal expertise. This form of advice is something you may need as the executor of the will or simply as a close friend or family member of the deceased.
When it comes to matters of probate, Ireland based firms need to demonstrate tact, impartiality and professionalism and these are things we aim to deliver in every case. We tailor our legal advice according to the particular circumstances of our clients in order to offer the very best guidance. Clients may approach us for advice on all matters related to probate, including the legal, administrative and tax duties that may fall to them in the aftermath of their bereavement.
Our ultimate aim is to empower our clients so they may proceed with confidence in matters of inheritance.
The term probate refers to the process whereby the Probate Office (which is a government body and part of the High Court) formally recognises a Will as being the last Will of somebody who has died and authorises the carrying out of the terms of the Will.
The executors make an application to the Probate Office, generally through their solicitors, by submitting certain documents and details of all of the assets of the person who has died. While it will depend on the complexity of the estate (the estate is the word used for the deceased person’s assets), this process will generally take between 3 and 6 months.
When the Probate Office are satisfied, they issue a document called a “Grant of Probate”. This document authorises institutions where the assets are kept (i.e. banks, insurance companies) to release the assets to the executors.
The executors must then “administer the estate”. This is the process whereby they distribute the property of the deceased person in accordance with the Will.
The executors are obliged to wrap up the financial affairs of the deceased person, deal with his tax and other liabilities and produce an account carefully setting out how the estate has been distributed.
In a case where someone dies without having made a Will they are said to have died “intestate”. In this case a family member will carry out a very similar process and distribute the estate to those who are entitled in accordance with the law. The document that they obtain from the Probate Office in this case is called a “Grant of Administration”. In these circumstances, if someone dies leaving a spouse and children, the spouse is entitled to two thirds of the estate and the children are entitled to the remaining one third between them. If there are no children the spouse gets the entire of the estate.
If the person isn’t married, their parents inherit the estate and if they are dead, their brothers and sisters will.