# Step  by step guide to Acting as Executor



## Brendan Burgess

*I couldn't find a good, clear guide to taking out probate without a solicitor, so I will compile this as I go along.  Suggestions and corrections welcome.

*This thread applies only


Where there is a valid will
You are the named executor
Please ask posts about any other situation in a new thread. 



*Stage 1 
*
Notify the appropriate people of the death 



The bank
Dept of social welfare
Utilities (Maybe leave these until you have them sorted?)
Insurance companies etc.
Get a Death Certificate 

Ignore this FAQ.  You need The Death Notification Form, the deceased'd PPSN, ID for yourself and money. 
The doctor or hospital will provide you with a "Notification of Death". You need to go the Registrar of Births Marriages and Deaths to register the death and get the Death Certificate.  Bring the Notification of Death, your own ID and €20. 



*Stage 2 
*
Collect all the information relating to assets and liabilities 

AIB has a Deceased Accounts  dept - 6415182 - bring the will, your own  photo id and your own utility bill to any branch and they will send you a  statement of balances. They also have a "Bereavement Guide"

*Stage 3 
*
Complete the Inland Revenue Affidavit 


*Stage 4 
*
Complete the Probate Application form 
Get an appointment for interview 



*Stage 5 
*
Probate Office will grant probate 



*Stage 6 
*
Collect the assets and distribute them to the beneficiaries.


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## Brendan Burgess

*My questions *

Can I start the process of selling the deceased's home?  Or should I wait until Probate is granted?


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## Brendan Burgess

*Prize Bonds proce
*
*
*
*17.        What happens to my Prize Bonds if I die?*
Prize Bonds registered in the name of a Bondholder who has died may be payable to the nearest living relative (Next-of-Kin)
or to the Legal Personal Representative of the Estate. Bonds may be re-invested in the purchase of new Bond numbers or transferred to other persons. If you are dealing with the estate of a Deceased Bondholder, you should write to

*S**tate Savings*
*Prize Bonds Deceased Section*
*Fexco Killorglin FREEPOST Co. Kerry*


Enclose the relevant Bond Certificates together with a note requesting one of the above options. You must be able to show -

1. Proof of death via a Death cert, Memorial card, Obituary notice in newspaper 



2. *Last Will & Testament: *where there is a will available, the original or a certified copy of this document should be enclosed to verify who is/are the executor(s) of the Estate. (Told me over the phone a copy would do)


3. *Grant of Representation  *: if available, enclose the original or a certified copy. (Over the phone told not necessary) 


4. *Full details of all variations of names and addre*sses used by the Deceased at any time since March 1957, when Prize Bonds began.

On receipt of your letter, we will conduct a full search of the records based on the information you have supplied and will respond in writing as soon as possible, giving a statement of the value of the Bonds registered in the name of the Deceased, and enclosing the relevant forms which should be completed and signed by the:
1. Nearest living relative (Next-of-Kin); or
2. Legal Personal Representative(s) as declared in documents governing the Estate.

The Forms are available at www.StateSavings.ie State Savings ™ or telephone 1850 30 50 60.


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## Brendan Burgess

to be completed


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## Brendan Burgess

*Filling in the Inland Revenue Affidavit

*This form looks intimidating and the wording is very bad. However, you should be able to work your way through it. 

*6) Beneficiaries *
Do I list out all the people who are to receive money here?  *No. Just list out the information for those receiving over €16,750 

* "Approximate value" - Do I just estimate this? I won't know until I know how much the property is sold for? *yes *
"Where any prior Aggregable Benefits have been received since 05/12/1991  state the amount received under that threshold. Where no amount please  enter 0" Do I have to ask the beneficiaries for this information? *Yes*
 How can I swear that this information is correct? *you rely on them to give you the correct information *


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## mf1

Brendan Burgess said:


> *My questions *
> 
> Can I start the process of selling the deceased's home?  Or should I wait until Probate is granted?



Why you should use the services of a solicitor! 

An executors powers vest in the executor on the death of the testator - they flow from the will. So- an Administrator  ( no will) can only act, in a sale, once the Grant of Probate issues. 

In circumstances where it is intended to sell the deceased's property pretty quickly, in order to "fix" the value with Revenue, one suggestion is to put the property on the market, and see if it sells. If you get a buyer, you've got the market value for Probate. This eliminates issues with CGT where date of death value is lower than subsequent sale price and CGT is payable on the difference. 

An executor can sign a Contract before Probate but cannot complete the sale until Probate issues. A lot of purchasers these days want to close quickly so if they have a choice of houses and this is going to take months to close, they may move on. Now, of course, if you had a solicitor acting for you..............Probate does not take as long.

mf


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## Brendan Burgess

mf1 said:


> Now, of course, if you had a solicitor acting for you..............Probate does not take as long.
> 
> mf



Thanks mf

I don't get that bit. Why does having a solicitor speed it up? 

The slow bit is in getting all the information together. I would have to do that anyway and then pass it onto a solicitor. 

Does a solicitor acting as an executor, or advising an executor, have some extra powers? 

Brendan


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## dewdrop

Can a person sell a property without using services of a Solicitor?


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## mf1

The solicitor generally is better at pulling everything together and lodging the paperwork in the Probate Office - it has all been pre-checked and reviewed by the solicitor. All going well, the Probate Office staff can quickly review what they've been given and grant Probate. These days we lodge everything by DX ( Document Exchange) so we very often don't even have to go into the Probate Office , let alone make an appointment. 

When they are dealing with lay people, they generally have to prod and poke and review and check.

And I understand that there is a time lapse while waiting for an appointment.

mf


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## mf1

dewdrop said:


> Can a person sell a property without using services of a Solicitor?



Technically, yes.

In practice, very, very difficult. 

If I was acting for a purchaser, I would be very reluctant to deal with a lay person vendor. 

What would that person know about tax, planning law, rights of way, title, etc.,etc? Nothing - which would leave the purchaser's solicitor  very exposed - they'd be having to do the Vendor's solicitor's work. 

mf


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## Brendan Burgess

Just to be clear, I wouldn't attempt to do the sale of the property myself. 

Brendan


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## putsch

Brendan Burgess said:


> Thanks mf
> 
> I don't get that bit. Why does having a solicitor speed it up?
> 
> The slow bit is in getting all the information together. I would have to do that anyway and then pass it onto a solicitor.
> 
> Does a solicitor acting as an executor, or advising an executor, have some extra powers?
> 
> Brendan



To the best of my knowledge the Probate Office is operating on 2 timescales at the moment: 
- one for the general public which is now taking c. 6 months for an appointment from lodging everything (based on personal experience - whereas last time I did this it was c. 2 months for an appointment)
- one for solicitors which is taking less time (not sure how long perhaps someone might confirm).

Probate Office has apparently been subject to staff reductions.


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## ricta

*property more than 1 acre, valuation Affidavit required*

Hi,
I am currently preparing a personal application as executor, and I see that now if a property is over an acre the valuation must be by way of a sworn Affidavit. When  i did this in the past, an Auctioneer/Estate Agent's valuation was enough.

How do I get a valuation by sworn affidavit, must I bring the Auctioneer into a solicitor?!

regards
Ricta


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## Bronte

Brendan Burgess said:


> *Filling in the Inland Revenue Affidavit*
> 
> This form looks intimidating and the wording is very bad. However, you should be able to work your way through it.
> 
> *6) Beneficiaries *
> Do I list out all the people who are to receive money here? *No. Just list out the information for those receiving over €16,750 *
> 
> "Approximate value" - Do I just estimate this? I won't know until I know how much the property is sold for? *yes *
> "Where any prior Aggregable Benefits have been received since 05/12/1991 state the amount received under that threshold. Where no amount please enter 0" Do I have to ask the beneficiaries for this information? *Yes*
> How can I swear that this information is correct? *you rely on them to give you the correct information *


 
The inland revenue form has to be filled out in Duplicate, either on paper or via the revenue online version.

For a correct valuation, you could hire an actioneer to give you an idea, or call 3 of them and say you are interested in selling, what asking price do they suggest etc.


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## Thirsty

In regards to property, I've been told I have to get a written valuation for Probate from a local estate agent/auctioneer.  

For bank accounts; I understand bank will close the deceased a/c, open an account in the name of the executor (as in Executor of Joe Bloggs Deceased) and the exec can then pay bills etc., from that account.  They will also pay funeral expenses directly from the bank account on presentation of invoice from the Funeral Directors (they pay the undertakers directly).

Credit union a/cs haven't been mentioned yet..

Two things to check on CU accounts

1.does the CU pay a death benefit (usually as a percentage of savings at time of death) 
2. is there a nomination form.  If there is a nomination form then the CU a/c does not form part of the estate and the money is paid by the CU to the person nominated.


For utilities - write and send photocopy of death cert ask them to maintain supply at the property until probate is completed (this isn't usually a problem).

Notify house insurance that property is empty (if it is).

Notify employer/pensions so payments can be stopped and also check if there are any death benefits payable.

Last thing for tonight (and it's more of a tip than anything else). If you go to banks/CU etc., in person bring the original death cert & certified copy of will & ask them to copy it and return the original.  It saves you the cost of getting certified copies or having them keep the originals (which cost €20 a pop).

final, final thing!  You can get post re-directed for 3 months at a cost of €60, it save it building up in an empty house and also means you can act quickly on anything that comes in, rather than having to go around every few weeks to pick it up.


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## dewdrop

I acted as executor some years ago. The main points i recall is the importance of getting some estimate from a solicitor re fees as i had some of the beneficiaries saying they could have get a lower fee. Also where a property is to be sold to get agreement from the beneficiaries re timing and prirce. Finally some unexpected bills from parties who claimed to have done work for the deceased. Unless you are of strong mind these situations can create hassle and quite frankly I would have renounced the appointment if i had known what could have arisen. A professional, like a solicitor, could deal with such matters in a detached way and i suspect the various issues might not have been raised.


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## Thirsty

> The main points i recall is the importance of getting some estimate from a solicitor re fees as i had some of the beneficiaries saying they could have get a lower fee. Also where a property is to be sold to get agreement from the beneficiaries re timing and prirce.


From what I understand this isn't the business of the beneficiaries in the first place.


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## dewdrop

Agree Thirsty but you can suffer much unwanted hassle with people saying sell and others hold for a while.  Unfortunately i do not have a tough "neck" and its amazing how personal people can become.


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## emeralds

An elderly relative of mine died 2 years ago. His solicitor was the sole executor. It made life very easy. There was a house to be sold. Solicitor let us choose the EA for the sale but that was as much input as we had. There was no faffing around debating if prices would rise if we waited for a year or two. House sold, bequests given. End of the matter.


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## Padraigb

To my mind, there should be no problem about when to sell a property: it should be sold without undue delay. The Succession Act says


> 62.—(1) The personal representatives of a deceased person shall distribute his estate as soon after his death as is reasonably practicable having regard to the nature of the estate, the manner in which it is required to be distributed and all other relevant circumstances, but proceedings against the personal representatives in respect of their failure to distribute shall not, without leave of the court, be brought before the expiration of one year from the date of the death of the deceased.


My reading is that "as soon ... as is reasonably practicable" pretty well precludes an executor or administrator from deliberately delaying the sale of a property in order to speculate on future prices.

Further, if property prices fall, the executor or administrator might be exposed to a claim that the estate was incorrectly managed.


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## Thirsty

It says distribute estate, not sell property; and in any event that can't be done until probate is complete.

Depending on wording of will of course, theres nothing to stop executor putting the property into the beneficiaries name once you have probate, & they can decide themselves what they want to do.  

To those advocating solicitors, glad it worked out, but this thread is about the DIY approach & Brendan has given the assumptions at the start,so DIY is not for all cases.

Would be great to hear from anyone else currently doing this.


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## Padraigb

Thirsty said:


> It says distribute estate, not sell property....


That's neither here nor there in relation to the point I am making, which is that an executor or administrator should not hold on to property in an effort to second-guess the market.

The law requires that an estate be dealt with with reasonable expedition. If the beneficiaries choose to become property speculators afterwards, that is not the concern of the executor or administrator.


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## ricta

*still trying to get an answer to this*



ricta said:


> Hi,
> I am currently preparing a personal application as executor, and I see that now if a property is over an acre the valuation must be by way of a sworn Affidavit. When i did this in the past, an Auctioneer/Estate Agent's valuation was enough.
> 
> How do I get a valuation by sworn affidavit, must I bring the Auctioneer into a solicitor?!
> 
> regards
> Ricta


 
There seems to be some confusion in the Probate Service, the Dublin Office say that "a valuation by way of a sworn Affidavit is required in all cases where a property is greater than one acre", while my local District Registry are a bit puzzled by my query and asked me to send them in the standard Estate Agent valuation I got, to see if it is acceptable. The EA was also puzzled as to how he would give me a sworn valuation, he is used to the Probate Office sending him forms to swear after applications were lodged, but had never heard of it being done before the application was submitted.



A tip that might be useful: while the Probate Registry will give you two CA24's to fill out, and swear, before returning them with the application; I find it best to also download and print one to practise on. I guarantee you will want to change mistaken entries.


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## cremeegg

Brendan Burgess said:


> *Filling in the Inland Revenue Affidavit
> 
> *This form looks intimidating and the wording is very bad. However, you should be able to work your way through it.



As an alternative perhaps you could try using a form from the Irish Revenue Service


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## Mrs Vimes

Form CA24 referred to [broken link removed], perhaps?


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## Thirsty

*Bank account*

When I was appointed executor I was worried that I would have to pay for the funeral etc., myself & wouldn't get anything back until probate was completed but that's not the case.

The deceased bank account can be closed and a new a/c opened in the name of the executor(s) with the balance transferred in the new account.  

Bills/insurance relating to the estate can be paid from these funds.  Obviously you have to account for all disbursements, so make sure to keep clear records.


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## Thirsty

*another question on the CA24 form*

*first question*
There's a section on the form for 'debts' of the deceased, it includes as an example the funeral costs.

In my case the funeral costs were paid directly by the bank, from the deceased bank account, to the funeral directors.  So therefore there is no longer a debt?

Also do we put in bank a/c balance as at the date of completing the form or the date of death?

Or .. is there another way to look at it?

1. Balance of bank account at date of death is (say) €10,000 
2. Write in cost of funeral as 'debt' (say) €8,000
3. Bank statement shows opening balance, transaction and closing balance of €2,000

*second question*

can anyone tell me (or point me in the right direction) what the 'Group Threshold' is?  There's tick boxes A B C for this question and I'm flumoxed!


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## mf1

Everything is date of death for CA24 

So put in as a credit balance of bank account at date of death 
And a debt for the funeral expenses

Nett result is the same

CAT thresholds here.

Its basically are you an offspring - A

Or Parent*/Brother/Sister/Niece/Nephew/Grandchild which is B

Or other= C


http://www.revenue.ie/en/tax/cat/thresholds.html

mf


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## Thirsty

perfect - thanks so much for that.


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## Thirsty

*Folio Numbers for property*

CA24 (the revenue affidavit form) asks for folio numbers of any property.  

You can look these up on www.prai.ie - click on the Non-account holder, search now button.  

Then put in the address & a street level map will come up on online.  Make sure you identify the correct house and when you click on it, the folio number will pop if (if it's registered).


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## Thirsty

Don't know if this was posted before; the CA24 form can be downloaded and completed on your PC.  So you can add to it, or correct it as you go along.

It's not half as bad as it looks initially.


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## Thirsty

*Bequests to Charities*

Might be good to make this a key post if that was possible?

If the will has charitable donation(s) you will need to complete a form called _PAS 3: Form to be completed for the commissioners of charitable donations and bequests for Ireland
_ and it's available here:

http://www.courts.ie/Courts.ie/library3.nsf/%28WebFiles%29/49F049813A250D0980257A37002F86DB/$FILE/PAS3%20-%20Commissioners%20of%20charitable%20donations%20and%20bequests.pdf


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## Thirsty

Another bit of info that might be of help

So for the benefit of those in a similar situation here's the word from the horse's mouth...

a. if the beneficiary resides in Ireland, Pay and file is their responsibility. Nothing for Executor to worry about, no tax clearance or anything else. Once you have probate you can safely hand over the dosh due to them. All those Soltrs websites which say other wise (and I found quite a few!) are out of date.

b. if the beneficiary resides overseas, you apply to Revenue for a Section 48.10 clearance to release property. In a nut shell, if you don't have this clearance, it means overseas beneficiary hasn't paid their inheritance tax so you don't release property.**

There is an option for Executors in regards to overseas beneficiaries to hold back cash to the equivalent of the inheritance tax payable, if there is such cash due to the beneficiary. This isn't an option in my case.

**What happens if we reach the payment deadline of 31st Oct and tax still not paid is another days work....


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## Thirsty

Just an update for everyone... had my personal probate meeting today and all went very well.  Expect to have my letter of probate out in about two weeks time. So to anyone else heading down this road, it's very do-able, have learned loads and (odd though it may sound) it was very therapeutic as part of the grieving process.

So happy days!


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## Madrox

Thirsty said:


> Just an update for everyone... had my personal probate meeting today and all went very well.  Expect to have my letter of probate out in about two weeks time. So to anyone else heading down this road, it's very do-able, have learned loads and (odd though it may sound) it was very therapeutic as part of the grieving process.
> 
> So happy days!



Could I ask how long it took from submission of forms to interview Thirsty?


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## Thirsty

The letter of acknowledgement said 26 weeks and in the event it was about 4 weeks earlier than that.  So around 5 months.


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## Adnil64

Thirsty said:


> It says distribute estate, not sell property; and in any event that can't be done until probate is complete.
> 
> Depending on wording of will of course, theres nothing to stop executor putting the property into the beneficiaries name once you have probate, & they can decide themselves what they want to do.
> 
> To those advocating solicitors, glad it worked out, but this thread is about the DIY approach & Brendan has given the assumptions at the start,so DIY is not for all cases.
> 
> Would be great to hear from anyone else currently doing this.


I have just completed the whole process but am now struggling to finalize the taxes of the deceased. A form 1 has to be completed for the remainder of the year in which the state was being administered and any revenues accrued, ie in the form of rental income (which was my case) have to be outlined and further tax paid.  
As the rental property was specifically bequeathed in the will to a particular beneficiary, does anyone know at what point this beneficiary should be receiving the rent monies, instead of them going directly into the deceased's estate? Should it be from the date the Grant of Probate was issued or the date of death of the deceased? 
Thanks for any replies.


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## Thirsty

Interesting question.... IANAL so take this reply accordingly.

My first question would be in regards to the residue and what does the will say about that?  

I would suggest that while the estate is being managed by the executor then all income/outgoings are part of the estate; when you are ready to wind up everything remaining (the residue) is distributed per the will.  Your beneficiary may or may not be named there.

As regards the question of 'when does the rent become payable to the beneficiary'  I would think from the date of Grant of Probate, but I wouldn't pay it over until you've settled with revenue.


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## john luc

When the executor has to ask the beneficiaries did they receive any previous inheritance or gifts are they not held responsible for any tax due. I thought that the beneficiaries have to furnish the executor with PPS numbers so the revenue reports back to the executor and so makes them liable for any unpaid CAT tax.


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## Thirsty

> beneficiaries have to furnish the executor with PPS numbers


For bequests >  €16k (there's a more exact figure, just can't recall it now off the top of my head), PPS numbers are entered into the CA24.  If less than that, don't have to put in that detail. 





> so the revenue reports back to the executor and so makes them liable for any unpaid CAT tax


If beneficiary resides in Ireland, they are responsible for their own tax; doesn't come back to the executor.  If beneficiary is resident abroad there's a different procedure, I've put that info in the the DIY Probate thread.


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## john luc

Thirsty said:


> For bequests >  €16k (there's a more exact figure, just can't recall it now off the top of my head), PPS numbers are entered into the CA24.  If less than that, don't have to put in that detail. If beneficiary resides in Ireland, they are responsible for their own tax; doesn't come back to the executor.  If beneficiary is resident abroad there's a different procedure, I've put that info in the the DIY Probate thread.


Thanks that would help as I have an estate process starting and some of the beneficiary's live outside of Ireland. Also most of the beneficiary's will be  above €16K.


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## Thirsty

Don't know if i'm doing this link thing right, but it's in this thread further up the chain.
Step  by step guide to Acting as Executor


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## Ten Four

ricta said:


> *still trying to get an answer to this*
> 
> 
> 
> There seems to be some confusion in the Probate Service, the Dublin Office say that "a valuation by way of a sworn Affidavit is required in all cases where a property is greater than one acre", while my local District Registry are a bit puzzled by my query and asked me to send them in the standard Estate Agent valuation I got, to see if it is acceptable. The EA was also puzzled as to how he would give me a sworn valuation, he is used to the Probate Office sending him forms to swear after applications were lodged, but had never heard of it being done before the application was submitted.
> 
> 
> 
> A tip that might be useful: while the Probate Registry will give you two CA24's to fill out, and swear, before returning them with the application; I find it best to also download and print one to practise on. I guarantee you will want to change mistaken entries.




Does anyone have any more clarification on the sworn property valuation requirement? Has anyone submitted a formal written valuation without a sworn affidavit and if so was it accepted? Is there any difference in this requirement between Probate Office (Dublin) and the district registry?

Also what kind of total would be put in for House Contents in the CA24? A probate solicitor told me that he usually puts in one thousand euro or less for contents (unless there are high value antiques or similar), pointing out that it is the value of the contents and not the replacement cost of the contents that’s relevant.


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## Thirsty

So for house contents I put in a nominal value of  €500 (standard 3 bed semi).  If it was a larger house then a higher figure might well be justified.  And yes it's the potential sale value that's important; which for most used furniture is not high.

On the valuation side, I paid for EA valuations and presented those at the Probate meeting and it wasn't a problem.


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## ricta

Ten Four said:


> Does anyone have any more clarification on the sworn property valuation requirement? Has anyone submitted a formal written valuation without a sworn affidavit and if so was it accepted? Is there any difference in this requirement between Probate Office (Dublin) and the district registry?
> 
> Also what kind of total would be put in for House Contents in the CA24? A probate solicitor told me that he usually puts in one thousand euro or less for contents (unless there are high value antiques or similar), pointing out that it is the value of the contents and not the replacement cost of the contents that’s relevant.



Hi Ten Four,
for the properties greater than one acre, I downloaded a template (uploaded here) for Affidavit of Market Value and got the Estate Agent to sign them with their solicitor.
I listed the contents of the 3-bed semi with what I believed the items would fetch if sold, it totaled at about €1200. 
Ricta


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## Kimmagegirl

Can an executor set up a trust for the beneficiaries of a will?  The beneficiaries want a certain piece of property transferred in to the name of a trust. The executor would set up the trust but have no interest in the trust. The beneficiaries would be both trustees and beneficiaries.


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## Ten Four

ricta said:


> Hi Ten Four,
> for the properties greater than one acre, I downloaded a template (uploaded here) for Affidavit of Market Value and got the Estate Agent to sign them with their solicitor.
> I listed the contents of the 3-bed semi with what I believed the items would fetch if sold, it totaled at about €1200.
> Ricta



Ricta,

Thanks for that.
What did you put in the following parts of the valuation affidavit:

“Description of Deceased Person”

Is this their occupation?

“on the date of swearing hereof”

can this be edited to:

“on the date of death hereof” ?

“This Affidavit is filed by:
Messrs.
This	day of		“

Is this the executor or the commissioner for oaths?

In the revenue affidavit CA24 what do you write in the section for house contents, is it just the words “household furniture” or do you have to list out everything eg “3 beds, 1 couch, 6 chairs, tables” etc


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## Thirsty

Re house contents that's all you need to write 'General household goods' or similar unless you have valuable antiques/paintings you don't need to itemise them.


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## Ten Four

Does the proofed will that’s attached to the grant of probate document have to remain attached when presenting to banks etc or can it be separated?


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## trojan

Ten Four said:


> Does the proofed will that’s attached to the grant of probate document have to remain attached when presenting to banks etc or can it be separated?


When working in a bank years ago when Grants of Probate came in for noting i never saw a will attached


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## Thirsty

TenFour - I would leave all as is and not separate anything;  once the Grant of Probate is done, the will is a public document anyway.  If going into banks etc., ask them to copy it an give you back the original.


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## Ten Four

Thirsty said:


> I would leave all as is and not separate anything;




Reason I asked is once someone starts to bend or fold these things they end up looking untidy, I’ll leave as is and put in a plastic cover and they can photocopy probate through that.


Is folio transfer straight forward?
I rang PRAI, they say I need the following:

Form 17
Form 38 (witnessed by oath commissioner)
130 euro fee

Does that sound correct?


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## Thirsty

by 'folio transfer' do you mean property?  via deed of assent?  Yes it is pretty straightforward, for other reasons I got Soltr to do that part.


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## Ten Four

Thirsty said:


> by 'folio transfer' do you mean property? via deed of assent?



Yes it’s property folio, do you know which form your solicitor used?

Paragraph 2 reads:

“2.	I/We assent to and apply for my/our registration as owner(s) of the property             (if more than one person entitled, state whether taking as joint tenants or tenants in common and if taking as tenants in common, state the shares each transferee is taking)(subject to the burdens set out in the Schedule hereto, to the registration of which I hereby assent) (and subject to the subsisting unregistered rights referred to in said Schedule for the protection of which I assent to the entry of the following inhibition) (See Form 77).”

There are no burdens or any other changes (just name change). Can I just delete the rest of that paragraph after “I/We assent to and apply for my/our registration as owner(s) of the property”? and remove the schedule below paragraph 3?

Link to form (prefix with prai.ie): /download/all-forms/lr-forms/transmissions/Land%20Registry%20Form%2038.doc


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## Thirsty

Sample form for Deed of Assent - all caveats apply - IANAL!


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## mf1

Thirsty said:


> Sample form for Deed of Assent - all caveats apply - IANAL!



Now - you are marvelously helpful but just to be cautious...............

That is for unregistered title. Not registered.

I would absolutely advise people to get the solicitors involved at assent stage(actually well before, but sin sceal eile!) 

Property is too important to try and do it as an amateur

But shure I would say that, would'nt I!

mf


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## Thirsty

mf1 - I 100% agree! 

And although I did probate myself I did indeed get Soltr to do deeds of assent (this was just one of them) and have said so in a few posts. I was asked a few times for copy of the document, hence sample.


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