# Grant of probate question



## ziltwo (11 May 2011)

I am hoping I can get some advise from someone.  A friend of mine lost her husband 3 months ago.  They were Separated; but still legally married. They had three children together. He died leaving nothing at all, no insurance policy etc..her name is on the mortgage.  she found a Pension policy which lapsed back in 2003 but there was a death in service benefit under the policy which is a little over 4K; which would help out with bills, kids etc...  my question is that for her to claim this, apart from the birth/death cert; they are also looking for the grant of probate.  he made no will; what steps should she take?????

thank you


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## fender (11 May 2011)

She needs to complete a CA24 form which must be filled out in duplicate and returned to the probate office. It needs to be signed by a solicitor. This form is where all assets and liabilities are listed. The probate office will issue a grant of probate within a few months. 

http://www.revenue.ie/en/tax/cat/forms/ca24.pdf

It does not require a solicitor - you can do this yourself.

AFAIK if there was no Will then the wife gets 1/2 of the estate and the balance is divided between the children.


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## Padraigb (11 May 2011)

She can't apply for a Grant of Probate if no will exists. What she needs to seek is "Letters of Administration". This is normally applied for by the next of kin. The process is fairly similar to applying for Probate, including completing Form CA24. She can do it herself, or appoint a solicitor to act as her representative. If she decides to do it herself, the Probate Office (Personal Applications Section) are very helpful.

The rules for sharing the estate are set out in the Succession Act: two-thirds to a surviving spouse; the remaining one-third divided equally between the children.


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## ziltwo (12 May 2011)

ok thanks for the help... will let her no


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## beffers (12 May 2011)

If she has a solicitor do it for her, make sure she finds out his fee first. When there is a will, most solicitors charge around 3% of the value of the estate as their fee. I presume it would be similar with no will. 3% of 4000E is not going to be a ton of money. She may have her work cut out for her to get someone to do all the running around and leg work and deal with all the paperwork for just a couple of hundred euros.


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## ziltwo (12 May 2011)

beffers said:


> If she has a solicitor do it for her, make sure she finds out his fee first. When there is a will, most solicitors charge around 3% of the value of the estate as their fee. I presume it would be similar with no will. 3% of 4000E is not going to be a ton of money. She may have her work cut out for her to get someone to do all the running around and leg work and deal with all the paperwork for just a couple of hundred euros.



thanks for that; she is feeling a bit despondent now.


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## beffers (13 May 2011)

Tell her not to worry. If she chooses to deal with all of this herself, she will not be alone. The folks in the Probate Office are very, very helpful. They are trained to deal with people who have suffered a bereavement, who are confused, and do not have a clue what to do. If she pays them a visit, or gives them a ring, odds are she will feel much better and a lot more optimistic about things. They will explain to her exactly what she needs to do. This is not something that she should feel pessimistic about being able to handle.


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## ziltwo (13 May 2011)

beffers said:


> Tell her not to worry. If she chooses to deal with all of this herself, she will not be alone. The folks in the Probate Office are very, very helpful. They are trained to deal with people who have suffered a bereavement, who are confused, and do not have a clue what to do. If she pays them a visit, or gives them a ring, odds are she will feel much better and a lot more optimistic about things. They will explain to her exactly what she needs to do. This is not something that she should feel pessimistic about being able to handle.



many thanks for that.. 
zil


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