beginning probate

L

LexLuthor

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As executer, I'm about to begin to obtain a grant of probate, personally.

Just wondering in the immediate term,

1. How bills (ESB etc.) should be paid on the deceased property if there is no cash available - pay out of my pocket or just ring the providers and tell them to wait?

2. If a car owned by the deceased can be sold immediately?
- if so, then what happens to the money collected?
- if not then how to pay tax on it and can it be used?.

any ideas?
 
You can’t dispose of any assets including the car until you obtain a grant of representation. Read the document ‘Applying for Probate in Person’ available from the Courts Services web site
http://www.courts.ie/Courts.ie/Library3.nsf/16c93c36d3635d5180256e3f003a4580/509f11a680671ecd80256f2a0063cdc8?OpenDocument

Then complete the personal application form:
http://www.courts.ie/80256DEA003609EA/0/E1EAC3C2F16CBF6880256FD6004B7FEA?Open&Highlight=0,probate

and send it in. It takes about 8 – 10 weeks before you are called for interview. The car is on the form as an asset so it appears that you cannot dispose of it until probate is granted. If you’ve any problems you can call the Probate Office – I found them very helpful. You should do is write to all the banks, financial institutions etc. where the deceased had accounts informing them of the death. Most don’t want death certs so you can send them photocopies of the death notice from the paper. If they need death certs they will tell you. You then need to contact any organisations from which the deceased was receiving pensions and make sure you get any arrears due and stop any overpayments. (Be very careful with Social Welfare. They were the only crowd with whom I had any problems).You should also apply for the death grant from Social Welfare. If the deceased’s house is now empty contact the insurance company and change the insurance to cover its unoccupied status. You have to pay the bills. I suppose you could tell them to wait until probate is granted but if they are entitled to charge interest there is nothing to stop them doing so.
The deceased’s bank should let you withdraw money up to say 5,000 from the deceased's account for bills incurred by the deceased if you provide them with a certified copy of the will identifying you as the executor and also indemnifying them to that amount.
 
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