Introduction:
Navigating the complexities of handling a deceased person’s money and property can be overwhelming. This guide provides insights into key aspects of this process in Ireland, covering the appointment of executors or administrators and probate considerations.
Executor or Administrator:
In the absence of a will or an appointed executor, an administrator, typically the next of kin or a solicitor, is designated to manage the deceased person’s estate. This individual must obtain a legal document known as a Grant of Representation to gain the authority necessary for estate administration.
Probate for a Will:
Check willfinder.ie to find a will or the most recent will of the deceased. When a will is present, the executor is responsible for securing probate. Probate involves certification by the Probate Office or the relevant District Probate Registry, affirming the will’s validity and ensuring legal, financial, and tax matters are in order.
Letter of Administration for No Will:
If there is no will or no appointed executor, an administrator must secure a Letter of Administration (or a Letter of Administration with Will Annexed if a will exists). The next of kin typically applies for this grant, with priority given to the spouse or civil partner, followed by other relatives in a specified order.
Duties of Executors and Administrators:
Both executors and administrators share similar responsibilities in managing the deceased person’s estate. If uncertainties arise about these roles, seeking legal advice from a solicitor is advisable.
Objecting to Probate or Administration:
Individuals have the right to oppose a grant of probate or administration by lodging a caveat with the appropriate District Probate Registry or the Probate Office.
Do I Need a Solicitor?
For complex estates, appointing a solicitor is recommended. They can assist with legal forms, offer guidance on succession laws, address tax implications, manage debts, settle disputes, and ascertain the deceased’s assets. However, a personal application is an option for those choosing not to engage a solicitor.
Mandatory Solicitor Involvement:
Certain circumstances require solicitor involvement, such as issues concerning the validity of the will, disputes among next of kin, the loss of the original will, beneficiaries living outside Ireland, or if the deceased person lived abroad and left a will in a foreign language. In these cases, the Probate Office may determine the need for solicitor assistance.
