# Executor & beneficiary of will. DIY Probate. Informing solicitors and related issues.



## dave_brent

Hi Guys, 

I habe been appointed executor of a will and also a beneficiary. 

I am aware that I must make an appointment with the probate office. I am fairly confident I can fill out all the necessary forms etc. and follow the necessary steps.

My concern is with the solicitor the will was held under has taken an "assumption" that she will carry out the next steps for me. Having read others comments on this site that it seems fairly straightforward and cost saving to do it yourself. In regard to CAT aswell, I understand these are also straight forward.

I have given this solicitor of the deceased no instruction to carry out any work from the outset in the execution of the will (i.e in regard to a Probate, CAT etc.). Is this the normal procedure a solictor would assume, or am I missing steps they must undertake on behalf of the deceased. 

My concern is I will be footed with a large bill.

Any advice guys would help...

Cheers


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## mf1

*Re: Probate*

Just write to the solicitor and explain that you are the executor and that you intend to collect the original will. Confirm that you will telephone in a day or so to make an appointment. Or ask that she telephone you to arrange same. Its not a  good idea to post original wills and in any event she will need you to sign a confirmation that you have taken the original.

mf


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## dave_brent

*Re: Probate*

I have the original will... I have contacted all parties involved...I suppose is my responsibility to get a probate for all beneficiareis of the will or just for myself.... I am unclear where my role ends..


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## Padraigb

*Re: Probate*



dave_brent said:


> I have the original will... I have contacted all parties involved...I suppose is my responsibility to get a probate for all beneficiareis of the will or just for myself.... I am unclear where my role ends..



That post worries me. 

I have been through the DIY probate process in the past, and am currently undertaking another. Your post suggests to me that you are not clear on what exactly probate is. It's by no means impossibly difficult, but you need to understand things clearly, be very careful, and expect to do a good deal of work.

Have you done any research into what is involved? Some initial reading:
http://www.citizensinformation.ie/c...seds-estate/dealing_with_the_deceaseds_estate
[broken link removed]
http://www.revenue.ie/en/personal/circumstances/bereavement/executors.html
http://www.irishstatutebook.ie/1965/en/act/pub/0027/index.html


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## rockofages

*Re: Probate*

If the will is straightforward then do it yourself. The most helpful and useful resource is the Probate Office themselves. Start there. I'm dealing with the one in Galway and they really couldn't be nicer or more helpful.


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## dave_brent

*Re: Probate*

the will seems is really straight forward...how much does it cost, I mean how much does the Probate Office.The solicitor has quoted me 2400 euro for a probate on a 100,000 euro valued house. Seems very expensive, if DIY could I save much on this figure... I am awaiting forms etc from the Probate Office..


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## rockofages

*Re: Probate*

There is a [broken link removed], based on the net value of the estate. The net value is value of property plus bank accounts minus debts.

If the net value is €100,000 then the fee is €120. There are two oaths which will cost a further €20. So you are looking at €140 in total.

All the forms you will need are on the courts.ie, but as I said the Probate Office are very helpful.


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## Yorrick

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*

The much maligned Public Servants who work in the Probate Office are excellent. If the will is straightforward and you have all necesary documents this should be an easy task. The Probate Office staff will assist if needed.
While going through the same process my Solicitor said that he was obliged to inform me of the option of doing the Probate work myself at a far more reasonable cost that he would.
It is a good experience and you should just notify your solicitor that you are doing the work


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## RAINDODGER

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*

have decided to go the diy way myself for probate. 
looking at the form for the revenue affidavit it looks for a sworn declaration .
can this be a peace commisioner or is this different from a commisioner of oaths?
are the revenue very strict about this


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## rockofages

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*

Sounds like you haven't been in touch with your local Probate Office!

The affidavit is usually sworn in their office along with the executor's oath. (Probate can't proceed without the revenue affidavit)


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## RAINDODGER

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*

Have been in touch told me to get revenue affidavit fill it out take to capital taxes section where it would be checked (or what ever they do) this turn around is about a week.
Fillout an application for probate and would be given an appointment.
This is a district office and they advised to do it this way to make it easier and simpler.
Presuming the form c.a.24 has to be filled out in full and the declaration is part 2.
This has to be witnessed by a commisioner of oaths/practising solictor/court clerk.
So wondering is there a difference


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## rockofages

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*

No difference. Can be done by your nearest solicitor. My district probate office advised me to swear CA24 in their office when swearing the executor's oath as I could do everything under one roof.


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## dave_brent

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*

ok guys got a quote from the solicitor... the quote is 3% of the estate.. i suppose my question is: is this 3% of the inheritance to each beneficiar:

for example: 

a house valued at 200000, the person inherititin the house will have to pay 3% of this value

if another person receives 50000 euro in a bank account, then they will be charged 3% of this.

I being an executor is a little unsure of how the fee breaks down, surely the executor is not responsible for the entire sum


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## dave_brent

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*

also having looked at revenue site. I notice something else I may be entitled to. I have lived in the house I will inherit for the past 5 years with the now deceased owner.

The link http://www.revenue.ie/en/tax/cat/gift-inheritance.html 

A dwelling house taken as a gift or inheritance is exempt  in certain circumstances.  

See [broken link removed] 		 
  In addition to the exemptions, various reliefs, which are subject to certain conditions being satisfied.

Anybody any experience on this..


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## mf1

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*

How did the quote go from 2400 in post 6 to 3% in post 15? 

3% of any reasonable estate sounds like a lot of money and you can definitely do better - unless there are serious complications. Given that you are really struggling with the basic concepts, I am not at all sure you should attempt this yourself. 

3% of what? Each of the beneficiaries  does not pay 3 % of their benefit. The executor is responsible for fees and they come off the top of the gross estate.

mf


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## Padraigb

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*



dave_brent said:


> ok guys got a quote from the solicitor... the quote is 3% of the estate.. i suppose my question is: is this 3% of the inheritance to each beneficiar:...



It's 3% of the _estate_. That means it is paid independently of bequests. If somebody is to get the house, that person still gets the house; if someone is to be given €10,000, then that person still gets €10,000.

In effect, the fees are deducted from the residue. That means that the person or persons who are to receive the residue get less.


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## Padraigb

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*



mf1 said:


> ... Given that you are really struggling with the basic concepts, I am not at all sure you should attempt this yourself...



As a non-professional in the area, I endorse what mf1 says (just adding my lay opinion in case you think mf1 has a professional bias).


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## dave_brent

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*

Thanks guys for your replies, I never had any experience of this at all and trying to get my head around it... I got the 2400 quote of a another solicitor (not the solicitor who holds the will) the solicitor with whom the will was made with just sent me a quote of 3% of the estate.. 

thanks Padraigb, so effectively whoever picks up the residue will pay up the 3% of this residue...

The solicitor who holds the will, I dont particulary like nor trust, I have been in contact with them, their communication and willingness to explain the procedure is frustrating to say the least. Thanks again for the help guys...


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## dave_brent

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*

I will go with a professional service, but at the minute I am trying educate myself in the procedures, in previous post I am finding the solictor with whom the will was made particulary frustrating..


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## mf1

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*



dave_brent said:


> I will go with a professional service, but at the minute I am trying educate myself in the procedures, in previous post I am finding the solictor with whom the will was made particulary frustrating..



Just a thought. Some clients can be very frustrating to deal with. To the extent that you ask them to go elsewhere. 

mf


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## dave_brent

*Re: Executor & beneficiary of will. DIY Probate. Informing solicitors and related iss*

Possibly!!!!


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## dave_brent

Hi Guys

Recently I inherited house thought about doing a probate application myself. I opted for a solicitor option in the end. The original cost was quite expensive (i thought) it also excluded the land registry fees to put the property in my name from the deceased. I have been quoted an additional 1000 euro on top of 4000 for doing a probate of the will on a property valued at 100,000.

Does this land registry cost competitive or should I shop around for this work. Am I correct to assume this work is separate to the probate. Also in regard to CAT, I awaiting another heavy quote for this.

Any advice appreciated... Cheers


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## ollaetta

If I could also get in on this, I am the executor of an estate worth €325,000 all bar €5,000 of which is the value of the family home.   The whole thing was completely straightforward:  a will dividing the estate equally between three adult children.  

I have been presented with a bill of €7,500 for professional fees by the solicitor.    This does not include expected probate fees etc.   I think this is off the radar for such an easy estate and wonder if you guys agree?


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## zachaeus

dave,if the will is straightforward take your time and do it yourself.Contact probate office, they are very helpful, and they will give you checksheets which will tell you what you need to get.Filling out the CA24 (rev afidavit) is straightforward too.Firstly find the will ,make copies  x 3, go to Local land registry office for prperty Folio(5 euro for a stamped copy), present the will at the bank etc and order Financial statements for the date of death of the deceased.Gather all the outstanding bills and tally all(bills/monies) and enter them on the rev.afidavit.Get all tax numbers for all beneficiiaries and find out from them if they have received any gifts etc since 1991(they revenue will want to know this on the affidavit).Any benefit not falling within 80% of the relevant threshold will not need to file with the revenue(IT38)Any monies to beneficiaries (as far as i can make out)less than 20000 need not be entered on CA24.Just a reminder the probate office may require the solicitor who drew up the will to provide a sworn affidafit to confirm that will is legit.(some solicitors drag their heels on this)If you are claiming a revenue exemption(such as dwelling house) this will need to be filed on line- to do this you must register for CAT first and also register on the ROS system(contact your local revenue office is best).Best of luck and remember take your time,gather the info, use the revenue helplines and the probate office and keep copies of everything you file.And remember you can claim for the probate fee charged by probate office.Also dont be thwarted by the banks-if you are the executor you can gather the info and view the accounts- they may release some funds to pay for funeral etc-However you will need the Grant of Probate/Representation to withdraw funds to address outstanding bills / withdraw monies.Again best of luck!Zachaeus


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## zachaeus

*probate*

Dave,
Oh i forgot, you will need to get property valued at time of death- this valuation could be anything in thie current climate, so get an Auctioneer who's living in the real world- an overvaluation could cost you and the beneficiaries a lot of money in tax.Also beware i was charged 3 valuation fees for a field that because it was divided in the will.A valuation can be got for 150squids!This can be claimed from the estate also.Best of luck.
Zachaeus


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## zachaeus

Olaetta,
yeh way off the radar, pay about 1000 and your'e overpaying him/her especially if will is so straightforward.All they do is gather the info which you can do yourself- get a brakedown of bill and go through it with him/her.Is the solicitor the executor,hope not for your sakes.Best of luck.Zachaeus


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## swiggy

rockofages said:


> No difference. Can be done by your nearest solicitor. My district probate office advised me to swear CA24 in their office when swearing the executor's oath as I could do everything under one roof.


 
Does this mean pg 3 of the CA24 does not have to be witnessed by a solicitor before sending it to revenue? Can it be done at the same time as the interview with the probate office? 

many thanks


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