When someone passes away their estate or assets pass to their personal representative.
In order for the next-of-kin or beneficiaries to receive their inheritance the deceased’s estate needs to be ‘administered’ through the Probate Office of the High Court by the personal representative (Executor or Administrator).
For a personal representative, tackling the process of taking out a Grant of Probate/Letters of Administration when a loved one dies can be very daunting.
Regardless of the type of estate that has to be processed, the following steps usually will all have to addressed:
- Obtain a death certificate.
Without a death certificate, the process cannot begin at all.
- Find the original Will.
The Will is often among the deceased’s personal papers or may be with their former solicitor or a family member.
- Identify the personal representative (Executor or Administrator).
This Executor will be apparent from the terms of the Will. If there is no Will or if no Executor has been appointed or can be identified under the Will, then an Administrator has to be identified. This is governed by The Succession Act 1965 and is usually the deceased’s next of kin.
- Decide whether to appoint a Solicitor.
- Make sure any house/property is properly insured.
This is step often forgotten. If the deceased left a house which is now empty, it is important to notify the insurer of the change of circumstances to make sure the policy remains fully valid and up to date.
- Identify the deceased’s assets.
- Identify any liabilities which have to be paid from the estate.
Funeral bills for example.
- Identify any beneficiaries.
- Compile other administration information such as:
PPS no of deceased, names, address and PPS number of each beneficiary – any non-resident beneficiary must attend to obtaining a PPS number from the Department of Social Protection. Obtain details from all beneficiaries of any prior gifts (more than €3,000.00) or inheritances received for any source.
- File the application.
Once all of the above has been compiled the application can be prepared to submit to the Probate Office and Revenue Commissioners. Both applications are filed simultaneously with the Probate Office.
If you would like any help with this or any other legal issues, please get in touch with McGrath Mullan info@mcrgrathmullan.ie or call us here +353 (0) 1 873 5012 .
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