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what are the steps of probate?

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what are the steps of probate?
Submitted: 5 years ago.Category: Republic of Ireland Law
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1/15/2013
Solicitor: Fran-mod,
 replied 5 years ago
Fran-mod
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Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
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Customer reply replied 5 years ago

yes I´d be obliged if youd continue

Customer reply replied 5 years ago

I´m sorry but I´mhaving some difficulty with the connection.Yes please continue

Solicitor: Fran-mod,
 replied 5 years ago
Thank you for your continued patience, Patrick. We will continue the search for a professional for you.
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Solicitor: Ronan, Solicitor replied 5 years ago
Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
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Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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When a person dies leaving property, money and/or other possessions (i.e. an estate), certain legal obligations have to be observed before the next of kin or other persons may have access to same. The overall process is referred to as the administration of a deceased person’s estate.

Administration of an estate may be divided into three phases:

(i) Ascertaining the assets of the deceased person (this may involve examination of legal documents to determine title/ownership to property)
(ii) Obtaining Grant of Representation from Probate Office/District Probate Registry (i.e. the Probate Process)
(iii) Payment of Debts; Settling mandatory Taxation obligations; Distribution of estate which may involve legal interpretation of deceased person’s will and interpretation of rules of distribution as contained in the Succession Act 1965; Transfer of ownership of property.

Administration of an estate may also involve litigation


In most cases, a Solicitor is instructed by the executor/next of kin of the deceased person to administer the estate. The Solicitor will give the necessary Succession Law and Taxation advice to deal with all phases of the administration process and will also complete all necessary documentation for both the Probate Office and the Revenue Commissioners. Where issues arise in the administration, the Solicitor will also advise on the legal procedures necessary to move forward with the administration.

In some cases, it is possible for the next of kin decide to proceed on a personal basis with the administration of an estate. If you wish to proceed as a personal applicant, it is extremely important that you note the following:

1. Unlike a Solicitor, the Probate Office does not provide legal advice.
2. The Probate Office has no function in so far as phases (i) and (iii) above of the administration of an estate are concerned.
3. By choosing to proceed on a personal basis with this legal process, you are proceeding without the benefit of legal advice and the responsibility for ensuring that you are familiar with your legal responsibilities regarding all aspects of these phases rests with you as Personal Applicant. Consequently, before proceeding with the administration of an estate on a personal basis, you must be confident of your ability to research and undertake the legal responsibilities associated with same. Failure to comply with your legal obligations may result in you being open to penalties and/or legal proceedings.
4. The Probate Office will assist you in dealing with the Probate Process phase of the administration. However, you will have sole responsibility for the production and completion of the legal documentation involved in this phase of the administration. Where legal issues arise during this phase, you will be required to consult a Solicitor.
5. The Probate Office cannot accept an application prepared on your behalf by any Agent. As Probate is a legal process, the only Agent legally entitled to act on your behalf is a Solicitor.
6. All persons applying on a personal basis must attend in person in the Probate Office.
7. Applicant(s) must be eighteen years of age or over


In the following circumstances you must instruct a Solicitor:

(i) Where the person entitled to apply for a Grant of Representation is a Ward of the Court or a person of unsound mind
(ii) Where the person entitled to apply is a minor ( a person under the age of 18 years)
(iii) Where there are issues concerning the validity of a will
(iv) Where there are issues among the next of kin regarding the estate
(v) Where the original will has been lost
(vi) Where a beneficiary (other than the spouse of the deceased) of 20,000 Euro or over of an estate is non resident in this jurisdiction and the potential applicant for the Grant is also non resident
(vii) Where the deceased dies without making a will (intestate) and was domiciled outside of the Republic of Ireland and leaves assets within this jurisdiction and no Grant of Representation has been extracted in the place of domicile*
(viii) Where the deceased dies domiciled outside of the Republic of Ireland, leaving a will in a foreign language
(ix) Where the deceased dies domiciled outside of the Republic of Ireland leaving a will which has not been proved in the law of domicile and a person other than the executor intends to apply for a Grant within this jurisdiction


(x) Any other circumstances, which, in the opinion of the Probate Officer, require the assistance of a Solicitor. The decision of the Probate Officer in this regard is final.
The Probate Office is part of the High Court. Its main function is to give authority to the correct person at law to deal with a deceased person’s estate. The authority is granted in the form of a document called a Grant of Representation and the procedure involved in obtaining this Grant is known as the Probate Process.

The three most common types of Grant are

• Grant of Probate. Where a person dies leaving a valid Will and appointing an Executor, a Grant of Probate issues to the Executor. The person’s assets are dealt with by the Executor according to the terms of the will. The deceased is said to have died testate.

• Grant of Letters of Administration. Where a person dies without having made a valid Will, they are said to have died intestate. A Grant of Letters of Administration issues to the person or persons who were their nearest next of kin at the date of death. Next of kin is determined by the Succession Act 1965.

• Grant of Letters of Administration with Will Annexed. When a person dies leaving a valid will and a person other than the Executor applies, a Grant of Letters of Administration with Will Annexed issues to the person entitled by law.

When the Grant issues to the applicant, he/she is called the Legal Personal Representative of the deceased person.


Stage 1

If a deceased person was resident within the area of a District Probate Registry (see Form PA5 which is also available on www.courts.ie)
you may either apply to the Probate Office in Dublin or the District Probate Registry for a Grant. If you wish to apply to the District Probate Registry you must contact the Registry in question to ascertain its requirements.


When applying to the Probate Office, Dublin you must complete the following forms. They are also available on the Probate Section of www.courts.ie or where applicable www.revenue.ie


1. Application Form (PA2)

Please use Guidance Leaflet PA3 to assist you in the completion of this Form.

2. TWO Inland Revenue Affidavits (CA24)

Please note that both of these Affidavits may be completed manually or if preferred a computer fillable form is available on www.revenue.ie
Responsibility for the completion of these documents rests with you as personal applicant and you may have to obtain legal and tax advice regarding some of the questions raised in these affidavits. Please note that the Probate Office is unable to give you such advice and in the circumstances will be unable to assist you with the completion of this form.
Prior to completion of these sworn documents, you are strongly advised to read Revenue Guidance Booklet CA25 which is also available on www.revenue.ie. This Booklet is not available in hard copy.
Please note that only property of the deceased (both real and personal) which was held in his/her sole name should be indicated in Part 4 of the Inland Revenue Affidavit. All property held in Joint Names should be indicated at Part 6 of the Affidavit and should only be indicated again in Part 4 of the Affidavit if the intention of the deceased was that this joint property was to return to the estate in question on his/her death to be distributed on either an intestacy basis or in accordance with his/her will. Please obtain legal advice if you are uncertain regarding this issue.

When completed you must have both Inland Revenue Affidavits sworn or affirmed before a Practising Solicitor/Commissioner for Oaths. Please note that it is not acceptable to have the Inland Revenue Affidavit sworn before a Peace Commissioner.


3. Form of Understanding




Stage 2

1. Return all of above completed documentation to: The Probate Office, Courts Service, Phoenix House, Smithfield, Dublin 7 together with
2. Death Certificate (or a Coroners Interim Certificate of death if no Death Certificate has yet issued)
3. A photocopy of the original will and codicil(s) (if any) - do not attach anything to the original will/codicil or remove any staples, pins, fasteners or binding when copying. Please note that you must retain the original will in your own custody until the date of appointment with the Probate Office/District Registry
4. Where a person has died domiciled outside Republic of Ireland a Sealed and Certified copy of Grant of Representation which has issued from the appropriate Probate Office in the country of domicile.


Stage 3

On receipt of the completed documentation, a Probate Official will examine same and if there are further requirements, he/she will contact you. You may be required to sign additional documents or contact other people e.g. a witness to the will or a medical practitioner to obtain further affidavits. Please note that the responsibility will rest with you to contact these persons, should the need arise. The Probate Office does not enter into correspondence on your behalf with third parties.

If at any time during the examination of your documentation (or your subsequent interview with a Probate Personal Applicant Official) it becomes apparent to the Probate Office that you need to instruct a Solicitor to deal with the Probate Process you will be advised of same. The Probate Officer’s decision is final in this regard.

If the Probate Office is satisfied that it may proceed with your application, an acknowledgement of the completed application will be sent to you. In due course and when all requirements have been met to the satisfaction of the Probate Officer you will be given an appointment with an official in this office.













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