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A brief outline of the Probate Procedure

Following a death, the usual check is made to ensure if the deceased made a will. If a Will is found, the Executor is notified and is invited to attend at the office for a reading and a short discussion on his role as Executor. In this instance a Grant of Probate is probably required to be extracted. We have many years experience in dealing with wills and estates and we can assure the client that the estate will receive careful, efficient, considerate and confidential attention in the office.

The Three main steps in Probate are as follows:

1. List the Assets of the Estate and make a return to the Revenue Commissioners.
2. Apply to the High Court Office for a Grant of Probate
3. Distribute the Assets in accordance with Law.

In Order to deal with an Estate we must find out all the Assets of the deceased, together with a note of all debts due and owing by the deceased at the date of his death. This information is compiled in a Schedule of Assets which is certified by the Revenue Commissioners.

Once the Revenue Commissioners accept the Schedule of Assets, the next task is to apply to the High Court Office for the issue of the Grant of Probate, which formally appoints the Executor to deal with the Estate.

Next step is to get in all the Assets of the deceased into the name of the Executor and distribute these assets in accordance with the terms of the deceased's Will, and to pay all debts, obtain receipts and obtain the necessary Tax Income Tax and Inheritance Tax clearances and wind up the estate so that the Executor is fully discharged from his obligations.

Administration

If it is found the deceased made no Will, then an application for a Grant of Letters of Administration is required to enable the Administrator (who would be the deceased's nearest next of kin) to deal with the Assets of the deceased, and a similar process to that outlined above is undertaken.

Contact Malcomson Law

For further information, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. Our specialist solicitors have a wealth of experience in the area of probate.

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