Is probate needed?

[JacLeen]

My father recently passed. He left a will and I am executor. Everything shared equally among three children. He is Tenant in Common on 20% of house my morher still lives jn and left approximately €90k in bank account which is joint with me. Can I avoid probate by waiting until our mother dies to officially divide out house?

 

[DannyBoyD]

From reading other posts on long dead relatives and wills; my view is that you would likely be making a bigger problem for yourself.

 

[ClubMan]

In case it's of any relevance:

2.1 Estates not requiring a grant of probate or administration

A grant of probate or administration is not required in all cases, for example small estates or
survivorship. In such cases, the representative is required to confirm that there is no
requirement to seek a grant of representation in such cases and to provide the basis for that
position. In such cases where there has been no requirement to file a Form SA.2, Revenue
will need certain information when the application for clearance is made; which is a
Schedule of Assets and the information referred to in Appendix 1

 

[Bronte]

My father recently passed. He left a will and I am executor. Everything shared equally among three children. He is Tenant in Common on 20% of house my morher still lives jn and left approximately €90k in bank account which is joint with me. Can I avoid probate by waiting until our mother dies to officially divide out house?

That's an odd share for husband/wife. Wife is entitled to her legal right share of the estate. So 1/3. What does the mother want?

 

[Zobeda]

OP.

Firstly, sorry for your loss.

I'm guessing that your late Dad, your mother, and each of the 3 siblings own your mother's PPR in equal 20% shares.

Do you care to say if that's correct?

Either way my opinion (IANAL) is that you will need legal advice.

My legal advice when my Dad predeceased my mother was that as they were joint tenants it was sufficient to add a copy of Dad's death cert to the deeds as the house passed to her automatically.

You're probably aware that this not the case when a property is owned by parties as tenants in common.

 

[Zobeda]

Just to add to above, I was able to distribute Dad's estate without recourse to probate as it was a relatively simple estate.

 

[DannyBoyD]

If theres property involved, small estates administration is unlikely to apply.

 

[JacLeen]

Sorry should’ve clarified- parents were legally separated this Tenants in Common