Small estate. Do I need to take out probate?

M

mb2024

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Im
Executor of a family members Will. Doesn’t appear that probate is needed as no assets other than small bank account, that balance has been released. Can I distribute myself after paying funeral etc as the majority goes to me and sibling.. one specific small cash amount to grandchild do I need a solicitor to do this? Or can I do it myself? Thank you
 
No do you not need probate if the estate is small enough.

See here:

Probate - Probate.ie

Probate The word ‘Probate’ itself is confusing… it literally means to prove. Probate means the legal process of proving a will after a person had died. We have set out below some general information about the process in order that you can understand when and why probate is needed, what needs to...
www.probate.ie

The Small Estates Procedure​

This procedure allows estates of under €25,000 to be administered without the need for a grant of probate/grant of administration. Generally, this procedure is used when the only asset is a bank account with funds of under €25,000. In such cases, the financial institution may release funds upon form completion. Each institution has varying requirements. Contact the relevant one to check availability.

In your case the only asset, the bank account, the monies have already been given to you by the bank. You pay the funeral expenses and give the grandchild their bequest and then you and your sibling get 50/50.
 
Ok thank you for reply, is it better for solicitor to send cheque as its to be in a trust for them? The wording in will named her father as trustee but he has passed away so I presume a trust with mom?
 
mb2024 said:
Ok thank you for reply, is it better for solicitor to send cheque as its to be in a trust for them? The wording in will named her father as trustee but he has passed away so I presume a trust with mom?
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Meant to clarify for grandchild
 
If the trustee named in the will has passed away, then I would think that that section of the will is no longer valid - but you need to verify that with a solicitor

I don't think trusteeship passes from one person to another that easily
 
If you’re still under 25k in total, the amount for the grandchild can’t be huge. Just give it to the mother. Spare yourself the expense of a solicitor.
 
mb2024 said:
Ok thank you for reply, is it better for solicitor to send cheque as its to be in a trust for them? The wording in will named her father as trustee but he has passed away so I presume a trust with mom?
Click to expand...
How much is it? What is the wording in the will?
 
Salvadore said:
If you’re still under 25k in total, the amount for the grandchild can’t be huge. Just give it to the mother. Spare yourself the expense of a solicitor.
Click to expand...
I would give it regardless.. do I just get a bank draft? Sorry new to all this want to make sure there are no repercussions if done incorrectly!
 
mb2024 said:
I would give it regardless.. do I just get a bank draft? Sorry new to all this want to make sure there are no repercussions if done incorrectly!
Click to expand...
By any method that creates a record (for your own sake) e.g. bank transfer. You could ask the mother to confirm by email that the amount has been received.
 
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