father died, no will left ... mam is worried

positivenote

Hi all,
my dad recently passed away with no will made out or left. Amidst all the grief with his sudden passing mam is getting worried out the deeds to the house. The house has been the family home since 1970 and there wont be any contest in the fact that she should get her name on the house and remain their. As her name was never put on the deeds to the house and as far as we can see no next of kin was listed by my dad either... are there any issues with probate she needs to be worried about, and how can she get the house deeds into her name.
thanks for any forthcoming advice

Ken.

Your mam shouldn't be worrying herself. It's easily sorted out. http://www.citizensinformation.ie/en/death/the_deceaseds_estate/what_happens_the_deceaseds_estate.html
Intestacy
If a person dies without having made a will or if the will is invalid for whatever reason, that person is said to have died "intestate". If there is a valid will, but part of it is invalid then that part is dealt with as if there was an intestacy. The rules for division of property on intestacy are as follows:

If the deceased is survived by

spouse/civil partner but no children - spouse/civil partner gets entire estate
spouse/civil partner and children - spouse/civil partner gets two-thirds, one-third is divided equally between children (if a child has already died his/her children take a share)
parents, no spouse/civil partner or children - divided equally or entirely to one parent if only one survives.
children, no spouse/civil partner - divided equally between children (as above)
brothers and sisters only - shared equally, the children of a deceased brother or sister take the share
nieces and nephews only - divided equally between those surviving
other relatives - divided equally between nearest equal relationship
no relatives - the state

The family home
If the family home is held by both spouses/civil partners as joint tenants, the surviving spouse/civil partner automatically inherits the deceased spouse's/civil partner's interest. In the case of a cohabiting couple where the family home is held as joint tenants, the surviving partner automatically inherits the deceased partner's interest but may be liable for inheritance tax, unless the surviving partner qualifies for dwelling house tax exemption. Where both die at the same time so that it is not possible to say who died first, property held as joint tenants is divided equally so as to form part of each of their estates.

The surviving spouse/civil partner may require that the family home be given to him/her in satisfaction of the legal right share or the share on intestacy. If the family home is worth more than the legal right share then normally the spouse/civil partner would have to pay the difference into the deceased's estate. However, the surviving spouse/civil partner may apply to the court to have the dwelling house given to him/her either without paying the difference or by paying such sum as the court thinks reasonable. The court may make such an order if it thinks that hardship would otherwise be caused either to the surviving spouse/civil partner or to a dependent child.

MouseTail

I'm sorry for your loss, this is a very simple process and there should be no issues. There is no rush, your mother can do it in her own time, but if she is stressing about it a visit to a solicitor will put her mind at rest.