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Anne's Story: Taking the Stress Out of Probate

When Anne's father passed away in 2022, she found herself named as executor of his estate. Anne was in her mid-sixties and had worked as a teacher for most of her life. While she loved her father dearly and wanted to honour his memory by managing his affairs properly, the reality of the probate process felt overwhelming. She had never dealt with anything like it before — there were property valuations to arrange, bank accounts to trace, inheritance tax forms to complete, and the court application itself seemed incomprehensible. Anne knew she needed help, but she was nervous about how much the process would cost and how long it might take.

Anne's daughter suggested she speak to a solicitor who could guide her through each step. At first, Anne thought she would need to be heavily involved in everything herself. Instead, her solicitor explained that they could act as an agent throughout the entire process — meaning Anne could step back and let them handle the practical work while still remaining the executor in name. This was exactly what Anne needed to hear. Over the following months, the solicitor managed communications with the banks, arranged for the house to be valued, lodged the inheritance tax return with Revenue, and prepared all the court documents. Anne was kept informed at every stage, but she didn't have to chase things or worry about missing deadlines.

Within fourteen months, the probate had been granted and the estate was fully administered. Anne's father's wishes were carried out correctly, his debts were settled, and his beneficiaries received what they were entitled to. Looking back, Anne felt relief rather than stress. She had been present as executor without being burdened by the technical complexity, and she could focus on grieving and remembering her father rather than getting lost in paperwork.

What the Law Says

In Ireland, an executor is the person named in a will to manage and distribute the estate of the person who has died. The executor must apply to the courts for probate — a certificate that gives them legal authority to act. Once probate is granted, the executor becomes responsible for gathering the deceased's assets, paying any taxes and debts, and distributing what remains according to the will. An executor can appoint a solicitor to act as their agent in these tasks, which means the solicitor handles the administration on their behalf. The executor remains responsible in law, but the solicitor does the day-to-day work. This arrangement is common and is perfectly lawful.

⚠ Important: Time Limits

There is no strict time limit in Irish law for completing probate, but delays can cause real problems. Beneficiaries may become frustrated, assets may lose value, and inheritance tax penalties can apply if returns are filed late. The Revenue Commissioners expect the inheritance tax return (Form IT) to be submitted within four months of death. If it is not, interest and penalties begin to accumulate. It is therefore important to take action early and not to delay in applying for probate or administering the estate. If you are an executor and feel uncertain about what to do, seeking legal advice quickly is always the best approach.

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