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Administration of Estates

Probate Solicitors

The death of a loved one is a difficult time, and the legalities of distributing the Deceased’s estate can be overwhelming. When somebody dies, then you may need to take out representation to their Estate for the purpose of transferring property and assets to those who are entitled. In this situation, it is advisable to speak to a probate solicitor who can guide you.

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Administering an Estate in Ireland

What is an estate?

An “estate” is everything a person owned when they died. This does not include ‘joint property’, e.g. if two spouses own a property in their joint names and one spouse dies, that property automatically passes to the surviving spouse outside of the will. The same is true with joint bank accounts or Life Assurance policies that are nominated in favour of someone. If you have any questions about this please contact one of our solicitors.

How is an estate dealt with under Irish law?

After all debts (e.g. mortgages, loans etc), expenses (e.g. funeral costs) and taxes are paid the estate is distributed as directed in the Will or under the rules set out in law if there is no Will.

The person responsible for the Deceased’s affairs is called the personal representative.

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Frequently Asked Questions in Probate

Administering an Estate Without a Will - What happens if a person dies without leaving a will?

Where the Deceased made a Will, the administration of the Estate will be as Testate. 

Where an executor is appointed under the Will and they are willing and able to act, they will take out a Grant of Probate. Once a Grant of Probate is issued it will state that the will has been duly proved and registered and that the administration has been granted to the applicant. 

Where no executor is validly appointed or no executor is willing or able to act, then a Grant of Administration with Will Annexed will be taken out.

In this situation there is a priority of persons entitled to apply for the grant. The basic principle is that the grant follows the interest, so whoever is entitled to the residue of the estate is likely the person who can apply. This does not necessarily depend on any relationship between the deceased and the applicant. 

If a person is applying for a grant they must ‘clear off’ anyone with priority over them – i.e. state that those persons are deceased or have renounced their right.

Administering an Estate With a Will - What happens if a person leaves a will?

Where the Deceased made a Will, the administration of the Estate will be as Testate. 

Where an executor is appointed under the Will and they are willing and able to act, they will take out a Grant of Probate. Once a Grant of Probate is issued it will state that the will has been duly proved and registered and that the administration has been granted to the applicant. 

Where no executor is validly appointed or no executor is willing or able to act, then a Grant of Administration with Will Annexed will be taken out.

In this situation there is a priority of persons entitled to apply for the grant. The basic principle is that the grant follows the interest, so whoever is entitled to the residue of the estate is likely the person who can apply. This does not necessarily depend on any relationship between the deceased and the applicant. 

If a person is applying for a grant they must ‘clear off’ anyone with priority over them – i.e. state that those persons are deceased or have renounced their right.

Contact Our Solicitors 

Contact us for help and advice on what needs to be done, we will guide you through the process and deal with the same on your behalf.

Make an enquiry using the contact form below and one of our staff will be in touch shortly. You can also call us at 091-562062 / 091-562066.

Consultations are available at our Galway office or can be arranged to suit you in Oughterard.

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