You can get help with probate and estate administration from our Probate solicitors. Executors and administrators are perfectly entitled to professional assistance. The cost can usually be paid out of the deceased’s estate.
Are you responsible for Probate?
When someone passes away, all their affairs need to be officially wound up. Sometimes this is simple, particularly where all the assets are passing to a surviving spouse, or the deceased owned very little. Other times, the situation is more complicated.
In fact, you might have discovered since your loved one’s death that something called ‘Probate’ is needed. Probate is a legal process in which you officially get the authority to manage a deceased person’s estate.
Getting Probate either falls to the executors named in the Will, or the deceased’s next of kin. The next of kin is typically responsible where there is no Will, or the Will is deemed invalid. For the purposes of Probate, this person is called the administrator.
You are entitled to instruct a professional
Just because the task of Probate has fallen to you, does not mean that you have to face it alone. You are allowed to instruct a professional to manage the Probate process for you. These professionals are called Probate solicitors or Probate lawyers.
That being said, you can complete Probate and the administration of the estate by yourself, if you want. The choice is entirely yours. If the estate is very simple and you are happy to manage the process alone, then you might not feel that a solicitor is warranted.
However, Probate can be a long and complicated process. This is especially true if the estate is very valuable, there are overseas assets, or there is a double Probate situation. You should also get legal advice if the estate is contested (disputed) or a beneficiary cannot be found.
How do I pay a Probate solicitor in Ireland?
If you’re thinking about instructing a Probate solicitor, start by getting quotes from law firms. Some charge a percentage of the value of the estate, while others charge a fixed fee.
You might not have the money to pay for a Probate solicitor upfront, but usually the legal fees are paid for from the estate. So long as the estate is solvent, then this should not be a problem.
You don’t have to choose a local Probate solicitor, but they must be based in Ireland. Here at Mullins & Treacy LLP Solicitors, we use technology to provide a nationwide service.
What does a Probate solicitor do?
What a Probate solicitor does really depends on the level of service you want. They can apply for a Grant of Probate on your behalf. If you like, they can also deal with the administration of the estate once the Grant has been issued.
Services offered by a Probate solicitor include:
- Checking whether Probate is needed following a death
- Calculating the value of the deceased’s estate, including getting professional valuations and getting balance statements from creditors/banks etc
- Calculating whether Capital Acquisitions Tax (CAT) is payable
- Completing and filing CAT returns
- Applying for Probate
- Gathering in the deceased assets
- Paying off the deceased’s debts
- Selling or transferring the deceased’s property
- Locating beneficiaries
- Providing notice to creditors
- Preparing the estate accounts
- Distributing assets to beneficiaries
Read more about what our Probate Solicitors in Waterford can do for you.
Why get a Probate solicitor?
The question on your lips might now be: why get a Probate solicitor? Is it worth it?
As we referenced earlier in this article, the decision is entirely yours. There is no legal requirement that you use a Probate solicitor. You are allowed to complete the process yourself.
The primary reasons for getting a Probate solicitor are:
- To pass all the work over to a professional
- To minimise the risk of mistakes
- To speed up the process
Like we said, Probate can be a lot of work. This can come as a surprise to those who haven’t been through the process before. Not everyone has the time, energy or willing to handle the legal, tax and administrative affairs that Probate requires.
Furthermore, the executors or administrator are personally liable for any errors that are made. Probate professionals are unlikely to make mistakes, but the same cannot be said of lay people. This puts you at risk, as the beneficiaries can take legal action against you for negligence.
Getting a Probate solicitor therefore relieves you from the burden of the Probate and estate administration process. For some people, this will be well worth paying for. If you do want help, then our Probate solicitors are here. We act for clients across Ireland.
Probate solicitors Waterford Ireland
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 firstname.lastname@example.org for a no obligation enquiry.
Before you go…
It’s not just probate we specialise in! We can also help you with: