Hi
If someone dies and leaves a will, how do you go about applying for probate?
Is probate necessary before any assets are divided out by the executor in accordance with the will?
Thanks
An executor can technically divide assets without a Grant of Probate but you cannot transfer title to land or the banks usually wont release money from accounts without a Grant of Probate being produced.
The steps involved are:
1. Valuing the assets as of the date of death
2. Completing an Inland Revenue Affidavit and having it certified by the Revenue Commissioners.
3. Swearing an Oath for Executor
4. Lodging an application with the Probate Office including i)Certified Inland Revenue Affidavit, Oath and a copy of the Oath, the original will signed at the back by the executor and Peace Commissioner, two engrossments of the will, a death certificate of the deceased and the fees for the Probate Office.
Once the probate issues the estate can be administered. You can make a personal application to the Probate Office or go to your solicitor who will do the work for you. There are alot of other things to consider when dealing with an estate when deciding whether to get legal advice e.g. obtain tax clearances, secondarily liability of the executor, informing spouse of legal right share, notice to creditors etc