# I need help with a probate issue!!!



## confused21 (25 Jul 2011)

Its a very very long story but here's the basics, my mother died four years ago. At the time I was under eighteen which meant I could not extract letters of administration. Now I am having difficulty understanding how the process works and where I am supposed to start. I have been told it is very expensive to have a solicitor go through the process for you but I just dont have the time to do it myself and I dont know where to begin to be quite honest. Anyone have suggestions on how to get it done with help but without too much expense?

Thanks


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## beffers (25 Jul 2011)

The first thing that you should do is ring the Probate Office. The staff there are very helpful in explaining to you what you need to do, how the process works, what forms you'll need, time lines involved etc etc. Once you have that info you can decide if you want to take the task on yourself or hire a solicitor. Most solicitors charge a % of the value of the estate as their fee. I have heard of fees as high as 3% and as low as 1% being quoted. These days, some of them quote a flat fee, so shop around before you decide who to hire. If your late mothers estate was fairly uncomplicated, you can do it yourself fairly easily & save yourself a good chunk of change. A lot of people here have, and if you read back thru some older threads you'll see that. If you do not want to hire a solicitor for everything, perhaps you could hire one for specific parts of the process and pay them a flat rate for that.


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## horusd (25 Jul 2011)

I did probate on my own bat. I did have a solicitor, but only for a separate matter. It took a few calls, an interview and a bit of leg-work, but it was no hassle. My solicitor told me that I got it quicker than he could have. [broken link removed] the leaflet for probate from FLAC.


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## robbie00 (25 Jul 2011)

*Probate*

I agree e-mail probategeneraloffice@courts.ie asking for the probate documents to be sent out to you.

Was there a will? Have a look at http://www.citizensinformation.ie/en/death/the_deceaseds_estate/
also good for some information.

Once you get these you can see whats needed etc. I recently done the application myself and got an appointment in just two months to go through the documentation. 

Remember you will need copies of any personal accounts, penison details, expenses so you will try to find out what monies are due to her estate and what monies are owed out from her estate.

Hope this helps, Any questions ask away as alot of people have filled out the probat forms themselves.

Rob


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## confused21 (25 Jul 2011)

Thanks for all the replies everybody. Will read both the leaflet and the website you provided there seems to be alot more detail in these than anything else I have found. Can somebody clarify a rough timeline as regards to getting the letters of administration. Also, when I get the letters of administration where do I go from there?


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## robbie00 (25 Jul 2011)

*probate*

You need to get the forms from the probate office first once you have these filled in with all of the details you need to send them back into the probate office.

They will then advise you it can take 4-6 months to get an appointment with them( I dont this recently and it was only a 2 month wait). Once you meet with them and all the paperwork is correct they will grant you letters of administration.

Once you have these you are acting on behalf of the estate and can collect all monies due to the estate pay out money owed and then divide up any amount remaining.

Any more questions just ask

Rob


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## confused21 (25 Jul 2011)

Thanks Rob, that's very helpful. I didn't realise it was as simple as filling in the forms and having a meeting with them.


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## horusd (25 Jul 2011)

confused21 said:


> Thanks Rob, that's very helpful. I didn't realise it was as simple as filling in the forms and having a meeting with them.


 
There will be costs too. Be aware of any fees etc before-hand.


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## robbie00 (25 Jul 2011)

*probate*

The fees are outlined in the forms they send out to you.


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## beffers (25 Jul 2011)

confused21 said:


> Can somebody clarify a rough timeline as regards to getting the letters of administration. Also, when I get the letters of administration where do I go from there?



It is a bit like applying for an appointment to take your drivers license test. There is no carved in stone amount that it can or will take. It all depends on how many people are in the queue ahead of you for the very same thing. When you have all the forms completed, and the tasks done that the Probate office tell you you need to do, you then apply to them for an appointment to review your case. Wait times for an appointment can be as short as as 2 months to as long as 8 months. It all depends on how busy they are when you apply for the appointment. 

If all is in order with your paperwork at the appointment, you will be granted Deeds of Administration shortly thereafter. When you have them, you can then access your mothers assets (money in bank accounts, stocks or shares that she may own, title deed to her home etc etc ) and disperse them in accordance with the terms of her Will. If she did not leave a Will, then everything goes to her next of kin, which would be you and your siblings if you have any.


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## confused21 (26 Jul 2011)

The ohter issue for me is that my mother did not have life insurance or mortgage protection so can I use the letters of administration to change the mortgage into my name and continue the payments?


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## robbie00 (26 Jul 2011)

*probate*

Hi Confused,

This is were it gets tricky and a solicitor might need to be involved. Depending on value of the property amount outstanding on the property. 

You would need to be approved for a mortgage for the amount thats left on the property. The property may need to be sold if there is equity in the property and not enough money to clear the debts out by the estate.

You would need to go into a whole lot more details of if there is more equity in the estate than debts owed, value of the property mortgage outstanding.

Rob


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## confused21 (26 Jul 2011)

I have just taken over the mortgage repayments after long discussions with the mortgage provider. The mortgage is the only debt but there is no other equity. Does this mean that when I get letters of administration I will have to sell my home to pay the mortgage off in full? Judging by the meetings I have held with the bank so far they are more than happy to change it to my name in due course as long as payments are always met. This is such a confusing issue!!


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## robbie00 (26 Jul 2011)

Maybe you might want to ask this question in the law section as its not something I could advise on its sounds like the bank are just happy to be getting the mortgaged paid off to me.


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## Billo (26 Jul 2011)

confused21 said:


> The ohter issue for me is that my mother did not have life insurance or mortgage protection so can I use the letters of administration to change the mortgage into my name and continue the payments?



Is it possible to have a mortgage without mortgage protection ?

I thought they went together.


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## confused21 (26 Jul 2011)

Billo said:


> Is it possible to have a mortgage without mortgage protection ?
> 
> I thought they went together.


 

I fact they do, but they can be provided through separate institutions. In my case that is what happened and the mortgage protection payments were not kept up by my mother :-(


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## shinners (28 Jul 2011)

Billo said:


> Is it possible to have a mortgage without mortgage protection ?
> 
> I thought they went together.


 


my parents are in their 60's and have no mortgage payment protection or life insurance on a mortgage taken out only 5/6 years ago!


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