What is Probate

What is Probate?

Probate is a legal process that is sometimes needed when a person dies. It proves their Will is valid, and gives a person (or group of people) the authority to administer the estate.

Probate does not happen every time a person passes away. But if it is required, the deceased person’s assets remain frozen until Probate has been completed.

If you would like to know if Probate is needed on your loved one’s estate, or you would like a solicitor to help you with the Probate process, contact us at Mullins & Treacy LLP Solicitors.

Call us now on 051 391 488 or email reception@mullinstreacy.ie for a free, no obligation enquiry.

What is Probate Ireland?

When a person dies, ownership of their assets must be passed on to their beneficiaries. The beneficiaries are either named in the Will, or are set out under the intestacy laws.

To ensure the correct people inherit from the estate, the law has devised a system called Probate. This provides the High Court with the opportunity to –

  1. Check that the deceased’s Will is valid, if there is a Will
  2. Confirm who is allowed to access the deceased’s assets and distribute them to the beneficiaries

This means that Probate is not just about proving a Will. It is also about giving a person, or a group of people, the authority to manage the deceased’s affairs.

When is Probate needed?

If your loved one has recently died, you might be wondering if Probate is needed. As a general rule of thumb, there are two scenarios where Probate is not required.

Firstly, Probate is not needed for small estates. This is where the value of the assets owned by the deceased is very little. Sometimes where there is just a small amount of money in a bank account, the bank will release the funds without Probate. However, each bank and financial institution has their own rules.

Secondly, Probate is not needed if all the deceased’s assets were owned jointly, as that joint owner is still alive. This is because in Ireland, there is the Rule of Survivorship. This states that if assets are owned jointly, they automatically pass to the remaining survivor. This typically happens with married couples who own all their property together.

How do I check?

If you would like to check whether or not Probate is needed for your loved one’s estate, speak to a Probate solicitor from our team.

Call us now on 051 391 488 or email reception@mullinstreacy.ie for a free, no obligation enquiry.

Probate in Ireland

In Ireland, Probate involves making an application to the High Court for a Grant of Representation.

If the deceased left a Will, this application should be made by the executor (or executors) named in the Will. An executor must apply for a Grant of Probate.

If there is no valid Will, the application must be made by the deceased’s next of kin. For the purposes of Probate, this person is called the administrator. An administrator must apply for a Grant of Letters of Administration.

Probate solicitor Ireland

The Probate process in Ireland varies in complexity, depending on the size of the deceased’s estate, and the type of assets that were owned. Lots of administrators and executors ask a Probate solicitor to act on their behalf. This removes the burden from their shoulders.

If you would like speak to a Probate solicitor in Ireland, contact us now at Mullins & Treacy LLP Solicitors. We are client focused and results driven.

Call us on 051 391 488 or email reception@mullinstreacy.ie for a free, no obligation enquiry.

Before you go…

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