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Probate question

  • 12-05-2007 9:04pm
    #1
    resourcful
    Closed Accounts Posts: 1 ✭


    Hello all…

    Ok say Spouse(A) died Intestate and their name was the only name on the house (on the deeds)

    I was wondering can spouse(B) get a transfer of title (get the house in their name) before letters of administration have been issued by the Courts


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    I would say no, that they can't get the title transferred to them prior to becoming personal representative; until probate/administration is take out I think that the estate vests in the state (the president of the HC). In the normal course of things a spouse as next of kin will become the personal representative. When this happens the estate automatically vests in the personal representative, but only in their capacity as PR. It will then, I understand, have to be divided in accordance with the rules of intestacy, or if the deceased died without any issue(children, grandchildren etc) the surviving spouse transfer the estate to him/herself as beneficiary.

    The surviving spouse has to consent, under the family home protection act, to the sale of the house. Therefore, the spouse can block any sale. However, this does not give such a spouse any interest in the property.


  • #3
    11.3 SECONDS
    Registered Users, Registered Users 2 Posts: 72 ✭✭11.3 SECONDS


    Doesn't the legal power to deal with the estate arise only when the Letters of Administration are issued and not before ?

    Also, under the Succession Act 1965, is the spouse (B in this case) not entitled to appropriate the house, household goods and chattels absolutely and in total as well as in prior order to anyone else ?

    Indeed, as I understand it, if there is nothing left after the spouse appropriates the matters mentioned above then there is nothing left to distribute to anyone else !

    I presume that spouse B and the deceased were still married and that this was the family home and so on.


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    11.3 SECONDS wrote:
    Doesn't the legal power to deal with the estate arise only when the Letters of Administration are issued and not before ?

    From the personal representative's point of view, yes.
    Also, under the Succession Act 1965, is the spouse (B in this case) not entitled to appropriate the house, household goods and chattels absolutely and in total as well as in prior order to anyone else ?

    In the case of an intestacy, I don't think this arises.


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