What would be typical time after probate

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confusedcork

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What would be the typical time frame for disposal of estate following probate grant

Probate passed Nov 23 rev letters issued same month but as yet no communication from executor regarding estate
Solicitor will only communicate with executor

Thanks
 
The property wasn't sold till November / December, even if you had a buyer by May, it couldn't be completed until probate was granted.
 
I understand that the house is currently being renovated by new owners so I'm assuming completed.
My query is typical time frame
I do understand its a piece of string question
 
So still the same answer, house sale was actually completed in November after Grant of Probate.

And yes its a piece of string question.

All other things being equal, I'd expect everything to be settled within 6 months.

IANAL
 
DannyBoyD said:
So still the same answer, house sale was actually completed in November after Grant of Probate.

And yes its a piece of string question.

All other things being equal, I'd expect everything to be settled within 6 months.

IANAL
Click to expand...
Update with more questions
So we have had no formal information from executor but message in our group chat (info from executor) that the house is still going through probate in Dublin
Confusing considering probate on estate was granted last November
Does this seem like a croc or am I imagining things
AFAIK probate is probate on the complete estate
 
confusedcork said:
Update with more questions
So we have had no formal information from executor but message in our group chat (info from executor) that the house is still going through probate in Dublin
Confusing considering probate on estate was granted last November
Does this seem like a croc or am I imagining things
AFAIK probate is probate on the complete estate
Click to expand...
Might have mispoken/ misinterpreted?

In an earlier post did you say the new owners were doing renovations? So house is definitely sold?

If probate is granted you can get a copy of the will & grant of probate, theres a small charge. I'd do that if I were in your shoes.
 
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It sounds as if the executor is confused in his messaging. Just ask him simple questions.

What date was probate granted?
Is the house sale complete?
What else needs to be done to distribute the estate?

If you get crap answers then get your solicitor to query the executor on where they are in the process. He cannot sell the house unless probate is granted. Strangers cannot work on a house unless they own it. The house is not separate from the estate, you only take out probate once.

Unfortunately executors do not have to communicate with the beneficiaries which I think is poor form in small family dealings. Letting the family know what is happenings, especially key steps such as probate has been applied for, probate has been granted, house has been sold, will all aid the beneficiaries from not stressing about the lack of information. Giving everybody who is mentioned a copy of the will is also I think good form.
 
Normally after probate it takes another 6 weeks to get a tax clearance cert, sometimes quicker, sometimes slower. Estate can't be distributed until that is done. That should be the first question to ask.

secondly, does the executor and the solicitor in question have all the details of the beneficiaries including bank numbers to transfer funds to?
 
confusedcork said:
Update with more questions
So we have had no formal information from executor but message in our group chat (info from executor) that the house is still going through probate in Dublin
Confusing considering probate on estate was granted last November
Does this seem like a croc or am I imagining things
AFAIK probate is probate on the complete estate
Click to expand...
Well if you're confused I'm confused. You said probate was granted in November. Now you are saying house is still going thru probate. Do you know for certain probate was granted. Do you know if the house was put up for sale. Do you know if the house was purchased.

What does 'rev letters' actually mean (from your first post) Revenue letters I'm guessing, but what exactly are they?
 
Actually the house is completely gutted and mid renovation so all seems quite suspect to me have been sent pictures of the current condition of house
DannyBoyD said:
Might have mispoken/ misinterpreted?

In an earlier post did you say the new owners were doing renovations? So house is definitely sold?

If probate is granted you can get a copy of the will & grant of probate, theres a small charge. I'd do that if I were in your shoes.
Click to expand...
 
Have you checked the property price register?
If the house has been sold, details should be there.
And Tailte Eireann- the Land Registry?
https://landdirect.ie/
If the title is a registered title, you will be able to see who the current registered owner is.


mf
 
Hi all
Back again letter from solicitor
are the figures wrong thought group B was €32,500 ??

"Dear Sir/Madam
Executors are no longer personally liable in respect of Capital Acquisitions Tax, save for their own personal tax and for non-resident beneficiaries. The obligation is on beneficiaries to make their own return in the event of the inheritance received exceeding 75% of the threshold amount (i.e. in respect of inheritances by nephews and niece’s tax is payable on any aggregated sum exceeding €24,735 or in respect of nieces and nephews in law any aggregated sum exceeding €12,187.50 is taxable). Please confirm if you will submit the return yourself or through your accountant or if you wish for this firm to submit a CAT return on your behalf for a fee, which will depend on prior gifts and pay any liability due prior to distribution."
 
They're referencing the need to make a return based on the level of inheritance- not the threshold amount- I think, wording is confusing. What was the date of death?
 
confusedcork said:
The obligation is on beneficiaries to make their own return in the event of the inheritance received exceeding 75% of the threshold amount
Click to expand...
Surely this is wrong and should be 80%?

Filing obligations for beneficiaries

This page describes how to file your return and pay your tax when you receive a gift or inheritance
www.revenue.ie www.revenue.ie
If the total taxable value of your gifts and inheritances exceeds 80% of the relevant group threshold, you must file an IT38 return.
Click to expand...
confusedcork said:
(i.e. in respect of inheritances by nephews and niece’s tax is payable on any aggregated sum exceeding €24,735 or in respect of nieces and nephews in law any aggregated sum exceeding €12,187.50 is taxable).
Click to expand...
And these figures should presumably be €32,500 x 80% = €26,000, and €16,250 x 80% = €13,000?

CAT groups and group thresholds

This page explains thresholds, rates and aggregation rules for calculating Capital Acquisitions Tax
www.revenue.ie www.revenue.ie
I'm assuming that the rules and thresholds in force today and for the past few years are the applicable ones here. Maybe some historical ones apply instead?

Historical CAT groups, group thresholds and rates

This page describes historic CAT thresholds
www.revenue.ie www.revenue.ie
 
MHoran379 said:
They're referencing the need to make a return based on the level of inheritance- not the threshold amount.
Click to expand...
Don't understand
We still don't know amounts
Surely for the return it's 33% of anything over 32500 job done .. no ?
Am I wrong
It's the other figures mentioned in letter threw me off.
 
The threshold depends on the date of death. There have been different thresholds in the past. If the date of death is a few years ago, the threshold could be different.

And also even if you don't exceed your threshold but exceed 80% of it, you have to file a return, even if no tax payable. So if the threshold is 32500 and you are getting 30000, you wont pay tax ( assuming no prior gifts/inheritances) but you will still have to file a return. They are saying 75%, not sure where they get that figure from.
 
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