Probate on a house by a non-resident

Oisintarrant

Hey!

Im asking on behalf of my aunt. She is resident in the US, with US & Irish citizenship.
She is noted in the American will of her mother (US citizen only), as the recipient of a house in Ireland valued around 80k to 90k euro. There is no Irish will.
The house is still in the joint ownership of both her deceased parents.
We understand there needs to be a probate, but without flying to Ireland to apply in person as detailed in the application process for this probate, how else would it be possible to do so?
Ive read through http://www.flac.ie/download/pdf/probate.pdf
and checked to cost of a probate here...
http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/BC7D8CAFF70E017C802575AF003E0ED1?opendocument&l=en
770 euro is the total of all the fees in on that page for a probate. Is it realistic to think this would be the total cost of this legal work, or is there something else we should consider?
One friend of a friend barister in Ireland threw out an off the cuff esitmated charge of $30,000 for this, but we cant seem to justify where he got that price from.
Also there will probably be some kind of tax on this inheritance. Is this a percentage of the house value?
Thanks for any help, its greatly appreciated.
Oisin

al22

Have a similar problem I think

Want to leave inheritance - house in Ireland to my relative (not a child)

15,000 of the house value free
and from the rest 33% Irish Tax



It makes me crazy to work hard? earn money? and Irl Government still take a lot of my money (savings) after my death. Same of many Irsh citizen too.


My money should be my money (property) and I shold be able to give it to anybody I wish in full/ (My opinion).

Uno my Uno.

Oisintarrant wrote: »

Hey!

Im asking on behalf of my aunt. She is resident in the US, with US & Irish citizenship.
She is noted in the American will of her mother (US citizen only), as the recipient of a house in Ireland valued around 80k to 90k euro. There is no Irish will.
The house is still in the joint ownership of both her deceased parents.
We understand there needs to be a probate, but without flying to Ireland to apply in person as detailed in the application process for this probate, how else would it be possible to do so?
Ive read through http://www.flac.ie/download/pdf/probate.pdf
and checked to cost of a probate here...
http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/BC7D8CAFF70E017C802575AF003E0ED1?opendocument&l=en
770 euro is the total of all the fees in on that page for a probate. Is it realistic to think this would be the total cost of this legal work, or is there something else we should consider?
One friend of a friend barister in Ireland threw out an off the cuff esitmated charge of $30,000 for this, but we cant seem to justify where he got that price from.
Also there will probably be some kind of tax on this inheritance. Is this a percentage of the house value?
Thanks for any help, its greatly appreciated.
Oisin

Instruct an Irish Solicitor to do the work for you, $30,000 is an insane figure, something in the region of a tenth of that would be more appropriate.

As your Greataunt did not leave an Irish Will the House may be distributed According to the rules of intestacy, professional legal advice is required here.

Carawaystick

al22 wrote: »

Have a similar problem I think

Want to leave inheritance - house in Ireland to my relative (not a child)

15,000 of the house value free
and from the rest 33% Irish Tax



It makes me crazy to work hard? earn money? and Irl Government still take a lot of my money (savings) after my death. Same of many Irsh citizen too.


My money should be my money (property) and I shold be able to give it to anybody I wish in full/ (My opinion).

Try give the money to someone when you're alive and see how much of a difference it makes.
The tax is not paid by you, the recipient of the money/assets pays the tax.
Same way as if you pay someone to do a job for you, the person you pay pays some of the money as tax.

al22

No problem with money can spend in pub in one day

ut to leve house+money means I will leave a present but person who inherit it
must to pay a huge tax and if have say no 50-70?000 to pay tax - must to sell it or take a 70?000 loan and wrk like a slave to repay a loan

Do I wish to put someone into slavery? No :-)

Oisintarrant

Thanks for the reply.

It is my grandmother who created the will in America. The US will requires the house in Ireland be moved into my Aunts name, before the rest of the US will can be processed in any way.

Would the Irish probate office consider the US will irrelevant and just appropriate the house as they see fit (since no Irish will exists)?
In that case there are other Irish family members that could complete this process which could work.

Professional legal advice will be sought, were just trying to get a clearer picture of what to expect.
Thanks again.

Peregrinus

I think the American will can be the basis of a grant of probate in Ireland (assuming there are no objections to its validity).

If the American will can't be proved in Ireland, then the Irish property will pass under the rules on intestacy. This does not mean that people can appropriate the house "as they see fit"; the standard rules on intestacy will apply. Assuming the house was held by the parents as joint tenants, and both parents are dead, under the intestacy rules the house will go to the children of the second-to-die parent in equal shares.