Is probate necessary?

[georgem25]

My father passed away a few months ago without making a will. The only assets are a house in both my parents names and a few bank accounts. 2 of the accounts in separate banks have balances over €25k each. Myself and my brother are happy for my mother to receive all of the money and waive our entitlements. Do we have to go through the probate process or is there a simpler faster way? thanks

 

[Clonback]

If all bank accounts are in joint names then the other joint holder automatically gets the account.However if there is an account in your late fathers name only then providing on the amount it may have to go to probate.I had to deal with the same issue last year.

 

[georgem25]

If all bank accounts are in joint names then the other joint holder automatically gets the account.However if there is an account in your late fathers name only then providing on the amount it may have to go to probate.I had to deal with the same issue last year.

The accounts are in my fathers name only

 

[trojan]

The accounts are in my fathers name only

Would suggest you call to the bank and ask them for their requirements to release funds without taking out Probate. As already said if the sum is large they may well insist on probate

 

[mf1]

See this excellent guide from AIB

https://personal.aib.ie/content/dam...d-guidance/deceased/AIB-bereavement-guide.pdf

The banks all have different requirements for the release of funds in small estates - usually less than 25K altho' An Post seem to have a limit of c.6K- when they will release funds without a Grant of Probate.

The thing to do is to get in touch with the bank and ask about their requirements.

mf

 

[georgem25]

Thanks for your responses, they are both looking for a letter of administration