Do we need to apply for probate? €30k cash.

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Mamamia22

Registered User
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Say a relative has died leaving their assets to both children equally. After the funeral is paid for there will be less than 30 k in their current account. Their home was signed over during their final illness. Is there any need to apply for probate in these circumstances ? Both children get on fine and are in agreement to divide residual funds. Other items which are mainly clothes and books etc will not be an issue.
 
Can you access the funds in the deceased's bank account without needing probate?
 
Yes I believe the siblings in question have access to PIN numbers etc and there is no dispute.
 
For what it's worth, where a "small" estate is involved (€25k or less in value I believe) there's an procedure for avoiding the full probate process (and concomitant costs).
 
What’s the procedure ? I thought it would be as simple as paying funeral costs and any other utility bills etc. then dividing remainder equally.
 
Well, I found these with Google...

What is Probate and How Does it Work in Ireland?

www.gibsonandassociates.ie
https://www.directlaw.ie/practice-areas/administration-of-estates-probate/

Probate - Probate.ie

Probate The word ‘Probate’ itself is confusing… it literally means to prove. Probate means the legal process of proving a will after a person had died. We have set out below some general information about the process in order that you can understand when and why probate is needed, what needs to...
www.probate.ie
 
Having read those links I take it that it’s ok for the beneficiaries who are also the executors to manage the estate themselves. They are happy to do this and avoid any possible legal fees.
 
Mamamia22 said:
Yes I believe the siblings in question have access to PIN numbers etc and there is no dispute.
Click to expand...
In my personal experience there is no urgency to tell the bank that the account holder has passed away as once you do they freeze the account immediately.

Otherwise I believe there is a procedure for closure of accounts without probate. You can google "bereavement support" for the bank in question and there will be questions answered and probably contact details.
 
To piggyback on this thread with a similar query, say the estate comprises only a quarter ownership of a house. The other 3 quarters are already owned by the deceased's 3 adult children. No will. Value of the quarter share not likely to exceed 25k. No other assets, cash or otherwise.
Question: Does the quarter share have to be subjected to probate, transferred into the ownership of the 3 siblings before the property can be sold?
 
Mamamia22 said:
Yes I believe the siblings in question have access to PIN numbers etc and there is no dispute.
Click to expand...
That sounds like fraud to be fair.

There’s a difference between formally availing of a ‘Small Estate Procedure’ versus pretending a person is still alive and using their online banking codes to drain a bank account.
 
Nothing fraudulent about sharing PIN numbers with trusted next of kin AFAIK. A good idea in fact.
Enables payment of essential bills and check on account balances in case you are unwell. Individuals involved are seeking solicitor advice given their circumstances.
 
It is a fraud to use a deceased person’s online bank details to access and drain their account.
 
Of course it is. Thanks for all the helpful comments. I will share the advice received with the relevant parties.
 
Probate is required if the deceased person owned a share of the property as “a tenant in common” and not as “a joint tenant” with the other 3 owners.
However it is not necessary and would be a waste of money to transfer the ownership into the names of the 3 siblings in order to sell the property. The person who has extracted the Grant of Probate can sign the Deed of Transfer as the Legal Personal Representative of the deceased person in relation to that share and the other 3 owners sign in relation to their shares.
 
Mamamia22 said:
Yes I believe the siblings in question have access to PIN numbers etc and there is no dispute.
Click to expand...
It is fraud to access the deceased’s account after their death. Any access given by the account holder is only valid while the account holder is alive and ceases on their death. If you give the bank the funeral bill they will pay it out of deceased’s account. Then it is up to the bank whether they will release balance in account without Grant of Probate.
 
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