Law-Wills and Probate

The Probate Office is part of the High Court. Its main function is to give lawful authority to deal with a deceased person's estate.

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In some estates, a Grant of Probate is issued within months of the testator's death. More typically, however, it will take three weeks.

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In Ireland, there is also a concept known as the Executor's Year. This gives the executor 12 months to distribute the estate, starting from the date of the testator's death.

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The process of selling the house can not begin before the Grant of Probate is in place – the property can be put up for sale

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A sale can't close until the Grant of Probate is secured.

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A fee of 2% of an estate worth 400k would be €8,000.00 plus vat @ 23%- €1,840.00 = €9,840.00 plus outlays

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It is vital on someone's death that the executors don't obtain Probate as you have no legal authorisation to sell a property before Probate is granted, unless your name is already on the title deeds.

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As this type of inheritance act claim must be made within six months of probate being granted, solicitors often hold onto money owned by the estate until this time-period has elapsed. This ensures the estate has the assets required should an inheritance act arise.

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The Executor can decide who gets what . The executor, among other duties, is responsible for the distribution of your assets in accordance with the instructions contained in the will.

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A DIY probate could save you money and is a quick and easy solution

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