Who is the executor, is it one of the siblings?
That would be correct if your father held any assets in his sole name.Said that if yes then it will need to have gone to probate before my mother's probate can proceed.
And if no, then intestacy rules require that mother should have got 2/3rds and 1/3rd shared between the children.
intestacy rules require that mother should have got 2/3rds and 1/3rd shared between the children
I suspect it will really come down to whether the house and any shared assets your mother had with your father had her name on them and the value of the non house assets at the time of his death.
So for instance if the house deeds still show in your dads name (not uncommon in the past) then probate would be required for your dad first.
Thanks but I'm very confused by your post and the scenario that you're trying to outline.So this sounds the same as what happened in my own family. My father had made a will but probate was not done as the only asset was the house. Accounts had been in joint or probably in my mother's name by then anyway. The thing is he was the family solicitor so knew the nuts and bolts. The solicitor had said to me from the outset that we had not bothered with probate in my father's case and there was nothing to suggest at any time that he had to do anything in particular during the process (now complete). I did have to produce my father's death cert to him though whether that is relevant. I should point out that my mother was in charge of financials in the household.
Well it was never offeredchildren can decline the 1/3 - not unusual so as to ensure parent can stay in the family home.
Schedule of Assets (aka Inland Revenue Affidavit)
Inland Revenue?! Surely that's a UK term?The Grant of Probate is the key to transferring assets.
I didn’t make up the name. That’s what they call it.Surely that's a UK term?
Yes but the one that @Jayom75 mentioned is the appropriate one in this case as my father died in early 2001.It’s now called the SA.2 form and can be completed online
Statement of Affairs (Probate) Form SA.2
This hub provides information for the Statement of Affairs (Probate) Form SA.2revenue.ie
The executor will have to use their best endeavours “to the best of their information, knowledge and belief” to establish the assets during the relevant time period, get a valuation on the property for the relevant time period, get on to banks to account details and amounts (even historical ones) etc.Yes but the one that @Jayom75 mentioned is the appropriate one in this case as my father died in early 2001.
I'm a beneficiary.@ClubMan - if you’re not the executor, what has you so concerned about the intricacies of the administration of the estate?
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