Can you take out Personal Probate if you are a non resident

A

americamike

Guest
My sister and I both living abroad inherited my fathers house but we both live abroad. Can we take out personal probate ?

If a solicitor is executor do we have to use them to take out probate ? Thanks.
 
This is a link to the Probate Office in Dublin - about personal applicants.

[broken link removed]

"If a solicitor is executor do we have to use them to take out probate "

You can ask them to renounce and then do as you wish. Presumably there was some reason why your father appointed them as executor?

mf
 
Quoting from the Revenue:

"procedures where beneficiaries are non-resident.
One area of concern relates to the payment of CAT by non-resident beneficiaries. To address this
situation, an Irish resident personal representative taking out probate or letters of administration
will be appointed as an “Agent” of a non-resident beneficiary entitled to a benefit exceeding
€20,000. The agent will be responsible for the pay and file requirements of the non-resident
beneficiary. In this regard, the agent will be entitled to retain funds adequate to meet the CAT
liability from any amounts due to the beneficiary under the control of the agent. The liability of
the agent will be restricted to the extent of the funds under his/her control which are available
for distribution to the beneficiary.
Where there is no Irish resident personal representative, the personal representatives must
appoint a Solicitor holding a practicing certificate in the State as agent prior to seeking probate​
or letters of administration."


 
Back
Top