Many people regard Probate as some type of mystery. It isn’t. In 9 out of 10 cases the obtaining of a grant of Probate is relatively straightforward and easy to address.
Probate is the title or name given to the processing of a dead person’s will or if there is no will then their estate (assets) generally. There is usually a spouse or children to deal with the business.
There can be complications where a person dies leaving no will and no immediate family such as a spouse or children or in cases where the deceased was simply living with another person. At any rate First Step can quickly advise you as to which box you fit into . If the matter is simple then we will guide you briefly through the steps to be taken. You will find that the local Probate Office situated in the Courthouse in Washington Street, Cork is tremendously helpful. They will provide the few relevant forms that must be completed. They will advise you of the amount of Probate charge.
Making a will can be as easy as writing a letter. There are a couple of very clear rules that MUST be followed. The will must be dated, signed and the testator’s signature must be witnessed by 2 independent people with no interest in the will. Clearly if there are substantial assets over and above the home and the bank accounts then you will require good advice from a solicitor who preferably knows a little about tax law. Otherwise a tax consultant will do nicely.
The whole point of getting a Grant of Probate or if there is no will, then a Grant of Letters of Administration, is to empower you the executor (the person dealing with the will) to actually administer the estate of the deceased. For example you can’t get money out of a bank account or sell shares or dispose of a property if you don’t have the legal authority to do so. That Authority quite simply is the Grant of Probate or Letters of Administration.
If the estate is substantial or if the beneficiaries are not entirely clear then you have the one out of ten case with which you may need a lot of help.That may be expensive but it will be worth it. First Step will guide you to an appropriate office with advice on how much you should expect to pay.
If the estate is straightforward then there is no reason why you should not deal with the entire matter yourself and save a lot in fees. We at First Step will be happy to guide you along the way. That is only ,of course, if you actually need guidance other than the initial excellent advice!
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Tel: +353 21 4775830
Mob: : +353 86 7385235
Email: info@firststepconsult.ie
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First Step Consult, Innishannon
Co. Cork, Ireland