cmcsolicitor : Your mother will need to extract a Grant of Administration.
Customer: Should I apply to probate office or elsewhere for this
cmcsolicitor : The rules of succession on intestacy under Ireland's 1965 Succession Act are that two thirds of the estate goes to the spouse, with one third to your father's "issue" between them. Issue means any children of his or if any of his children have dies then their children would take their parent's share between them.
Customer: but who do I apply to for grant of administration please
cmcsolicitor : Yes, your mother can make a personal application with the assistance of the Probate Office in Phoenix House, Smithfield.
cmcsolicitor : She will have to prepare a CA 24 or Inland Revenue Affidavit first (http://www.revenue.ie/en/tax/cat/forms/ca24.pdf), so she will have to have evidence of all the assets and liabilities and debts of the estate, as of the date of death of your dad.
cmcsolicitor : Sorry we are out of synch here!
cmcsolicitor : The preparation of the CA24 takes time and involves writing a lot of letters to banks etc enclosing a copy of the Death Cert. If all that is done you would get a competitive quote from a solicitor to take care of the probate application, which is more technical.
Customer: If as she tried in ? 1978 to have her name added to deeds. Should she not be soul owner of property, no liababilites or taxes due
cmcsolicitor : Finally, you will have to make an application to the Property Registration Authority, enclosing the Grant.
cmcsolicitor : Sorry, to answer your question re 1978...
cmcsolicitor : If your mother was the joint owner of the property then yes, she would be the sole owner of the property now automatically, and the only proof that would be required of that would be the Death Certificate. You will need to confirm the position with the Property registration Authority (if the property is registered) or the Registry of Deeds (if it is not).
cmcsolicitor : If she was registered as joint owner, then there is no need to do anything.
cmcsolicitor : I do hope that I have answered your questions, and if I have, please rate my answer positively so that I will be paid. Thanks.