how to manage probate for home

[GettingThere]

Hi All, just seeking some advice on probate (if thats the term) on my fathers will who passed away in 09.

Basically the will stated that the family home be willed to me the only child with the proviso that my mother would remain resident for the remainder of her life. Other than the house there were a couple of small accounts with 2K in bank, 2K in credit union. The credit union released the funds to my mother straight away as next of kin and the bank will retain the funds until a grant of probate is produced.

Whats entailed in getting a grant of probate? The family home is a small 2 up 2 down in a rural town (circa 70 years old, not sure of value). Would it be more beneficial to us all at this stage to have the house signed to my mother and she will it on to me in the future?

Do I need to engage a solicitor for the grant of probate and what are the costs? I have a friend in the legal profession who wont screw us, but just looking for some advice around how to manage the home.
Assume the cost of the grant of probate process will consume the 2K or so resting in the bank. Thats all fine if we rule out further costs on administering the home.

Thanks in advance if Ive made any sense!

 

[dewdrop]

My initial reaction is for you to ask your legal friend the approx cost involved in taking out probate. Its better to sort out matters now rather than later

 

[Eithneangela]

The process is quite straightforward once there is a will. Look up the Probate Office on the Internet and they will give you all the information you need during the process. They are very helpful, the whole process should take less than 6 months, depending on the waiting time for an appointment in the probate office. You must have up to date details on any/all financial accounts, a valuation for the house both in 1009 and currently, and be ready to spend a day in Dublin going from the probate office, to the stamping office (you'll need to hand over about €500 for this), then down to O'Connell St. to the Revenue office, then back to the Probate office with all of the receipts and stamped documentation from the various authorities. Of course, you can get a solicitor to do this but why not try it yourself?

 

[Padraigb]

If the will gives the house to you subject to your mother having a right of residence for the rest of her life, then you should leave it like that. It can be cumbersome and possibly expensive to change that, and I see no advantage to anybody in doing so.

You don't say who is nominated in the will as executor. That is key. It is the nominated executor who extracts the Grant of Probate. It's unlikely to be difficult in the circumstances you describe, and can be dome without a solicitor if the executor chooses.

In time (but not as an urgent matter) the property should be registered in your name. Very few people attempt that without the aid of a solicitor.