Probate Personal Application CA24

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ceoldude

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Unfortunately, we have to go through probate for a recently deceased close friend who died intestate.
I am assisting with the paperwork for the grieving spouse and we are going through the Probate process for Letter of Administration.
PA2 seems straightforward but have a couple of questions on CA24

CA24 Part 3 - Sworn Declaration
In the instance of a personal application to administrate intestate of the deceased estate, does this have to signed by a solicitor/commissioners for oaths or can we get his signed by a court clerk in the probate office?

CA24 Assets/Property
There is a property held by the deceased with others as joint tenants that will pass directly to them via survivorship. This property is outside of the next of kins interest/claim etc. and it is difficult to obtain any information on this property.

According to PA1 "Where a person dies leaving a house and/or land in joint names, the house and/or land automatically passes to the surviving joint owner without the need for a Grant. "

Does this mean we can exclude this property from CA24 or is there an obligation to reference it?
And if so, can we reference it with the little information we have?

Would appreciate any advice anyone has on these two items.
Thanks!
 
ceoldude said:
Unfortunately, we have to go through probate for a recently deceased close friend who died intestate.
I am assisting with the paperwork for the grieving spouse and we are going through the Probate process for Letter of Administration.
PA2 seems straightforward but have a couple of questions on CA24

CA24 Part 3 - Sworn Declaration
In the instance of a personal application to administrate intestate of the deceased estate, does this have to signed by a solicitor/commissioners for oaths or can we get his signed by a court clerk in the probate office?



CA24 Assets/Property
There is a property held by the deceased with others as joint tenants that will pass directly to them via survivorship. This property is outside of the next of kins interest/claim etc. and it is difficult to obtain any information on this property.



According to PA1 "Where a person dies leaving a house and/or land in joint names, the house and/or land automatically passes to the surviving joint owner without the need for a Grant. "

Does this mean we can exclude this property from CA24 or is there an obligation to reference it?
And if so, can we reference it with the little information we have?

Would appreciate any advice anyone has on these two items.
Thanks!
Click to expand...

As ownership is tenants in common it does not need to be included

Commissioner for Oaths signature is required.
 
Palerider said:
As ownership is tenants in common it does not need to be included

Commissioner for Oaths signature is required.
Click to expand...

Tenancy in common does need to be included. Joint tenancies/ownership pass by survivorship so dont form part of the estate.
 
ceoldude said:
Unfortunately, we have to go through probate for a recently deceased close friend who died intestate.
I am assisting with the paperwork for the grieving spouse and we are going through the Probate process for Letter of Administration.
PA2 seems straightforward but have a couple of questions on CA24

CA24 Part 3 - Sworn Declaration
In the instance of a personal application to administrate intestate of the deceased estate, does this have to signed by a solicitor/commissioners for oaths or can we get his signed by a court clerk in the probate office?

CA24 Assets/Property
There is a property held by the deceased with others as joint tenants that will pass directly to them via survivorship. This property is outside of the next of kins interest/claim etc. and it is difficult to obtain any information on this property.

According to PA1 "Where a person dies leaving a house and/or land in joint names, the house and/or land automatically passes to the surviving joint owner without the need for a Grant. "

Does this mean we can exclude this property from CA24 or is there an obligation to reference it?
And if so, can we reference it with the little information we have?

Would appreciate any advice anyone has on these two items.
Thanks!
Click to expand...

Joint Tenancies must be included in Part 6 of the CA24 . Ca24s can no longer be sworn before a court clerk. Costs €12 to swear before a practising solicitor or a Commissioner for Oaths. Photo ID required.
 
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