Probate is the legal process of administering a deceased person's estate — paying debts, collecting assets, and distributing what remains according to the will. It involves specific legal steps, Revenue obligations, and can take longer than most people expect. A solicitor guides you through it.
When someone dies leaving a will, the executor named in the will is responsible for administering the estate. This involves:
1. Obtaining a Grant of Probate from the Probate Office — the legal document that confirms the executor's authority to deal with the estate.
2. Collecting and valuing all assets — bank accounts, property, investments, personal property.
3. Paying all debts and liabilities of the deceased.
4. Filing the required Capital Acquisitions Tax (CAT) returns with Revenue.
5. Distributing the remaining estate to the beneficiaries according to the will.
An executor who distributes an estate without first paying debts, or who fails to file the required tax returns, can be personally liable. Most executors use a solicitor to manage the process and protect themselves from this risk.
Distributing assets to beneficiaries before all debts are paid and all tax obligations are met can leave the executor personally liable for the shortfall. A creditor of the deceased can pursue the executor personally if the estate has been distributed and there were insufficient funds to meet the debt. Always complete the administration process in the correct order.
When Michael Murphy died in Cork, he left a clear will naming his wife as executor and leaving everything to her. The family assumed this meant everything would transfer automatically and quickly.
When his wife went to the bank to transfer his accounts, she was told they could not release the funds without a Grant of Probate. The family home needed to be transferred. His car needed to be sold. None of this could happen without the legal process being completed.
A solicitor was engaged. The process involved obtaining the death certificate, locating the original will, applying to the Probate Office in Dublin, obtaining valuations of all assets at the date of death, filing the CAT return with Revenue, and eventually obtaining the Grant and completing the transfers.
From engagement to distribution took nine months — not because anything went wrong, but because that is the reality of the process. The family had expected weeks.
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