Probate and Estate
Administration FAQs

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Probate and Estate Administration FAQs

Many of our clients have similar concerns and questions dealing with Probate cases. We've used our years of experience to answer many of the common queries below.

Why is Probate needed?

Probate will usually be requested by financial institutions such as banks, investment companies or insurers who hold the deceased’s assets. It will always be required if the deceased had a property that needs to be sold or transferred to a beneficiary. Sometimes it is unclear if a Grant is required and a personal representative should always seek legal advice if they are unsure.

What is a Grant of Representation?

A Grant of Representation is obtained from the Probate Court as proof that the personal representatives have been correctly identified as the persons legally entitled to deal with the deceased’s estate and receive the deceased’s assets.

Before a personal representative can apply for the Grant, they must find out exactly what is in the estate and this will involve valuing all the assets and ascertaining the extent of the deceased’s liabilities. This can be a time consuming process, requiring a lot of letter writing, completing forms, telephone calls and attending appointments. The estate administration process can take a year or more to complete.

How is Probate obtained?

There are two ways to obtain Probate:

  • the Executor applying to the Probate Registry for a Grant of Probate;
  • if there is no Will, the Administrator applying for a Grant of Letters of Administration.

What are the duties of a Personal Representatives?

A personal representative has significant duties and responsibilities to:

  • precisely value the estate assets and collect them when the Grant has been obtained;
  • account for all gifts or transfer of assets made by the deceased in the seven years before their death;
  • ensure all tax matters are dealt with, including Inheritance Tax, Income and Capital Gains Tax returns;
  • administer the estate and keep it safe during the estate administration;
  • pay for funeral expenses and other debts of the estate;
  • prepare estate accounts and distribute the estate strictly in accordance with the terms of the Will or the Rules of Intestacy.

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