Probate Advice

delboy85

Hi,

Has anyone done the probate process without going through a solicitor? And if yes, how difficult/easy did you find it? Or alternatively can anyone recommend a solicitor in Central/West Dublin or North Kildare that offers reasonable fixed rated fees?

My case should be pretty straightforward. My mum died recently (my dad died about 15 years ago.) There is a will in which I have been left everything. I have one brother and sister who won't be contesting the will. The only assets are the house (which is valued in the region of €280,000 - €300,000) and she has credit union savings of about €14,500.

The credit union have already released over €6,000 to pay for funeral expenses and they have said they will release the balance in the coming weeks. They said they don't have to wait for probate to be granted. My mother also has a bank account - but there is literally only about €20 in it.

She has no other savings/shares etc. And she has no debts to discharge.

Any advice would be greatly appreciated.

Thanks!

nuac

Mod
Sorry we don't recommend particular solicitors here
Most practices deal with probates

tax_tutor1

delboy85 wrote: »

Hi,

Has anyone done the probate process without going through a solicitor? And if yes, how difficult/easy did you find it? Or alternatively can anyone recommend a solicitor in Central/West Dublin or North Kildare that offers reasonable fixed rated fees?

My case should be pretty straightforward. My mum died recently (my dad died about 15 years ago.) There is a will in which I have been left everything. I have one brother and sister who won't be contesting the will. The only assets are the house (which is valued in the region of €280,000 - €300,000) and she has credit union savings of about €14,500.

The credit union have already released over €6,000 to pay for funeral expenses and they have said they will release the balance in the coming weeks. They said they don't have to wait for probate to be granted. My mother also has a bank account - but there is literally only about €20 in it.

She has no other savings/shares etc. And she has no debts to discharge.

Any advice would be greatly appreciated.

Thanks!

You can make a Personal Application -forms available online from Probate office assuming you are the executor of the will. Probate fees a little higher for Personal Application. You provide the Grant to a solicitor to have the house transferred into your name assuming not being sold.

moby2101

Hi,

I was the executor of my late mum’s estate. I decided to extract the deed of Probate myself.

It’s a very simple process and you will save yourself a lot of €€ .

Best of luck

Mike

UrbanFox

I was an executor for my last parent to die.

I made an application for Grant of Probate on a personal basis. It was quite easy so long as you were meticulous with your paperwork.

If you have doubts about your ability to complete the process leave it to a solicitor. Be aware that the Probate Office can refuse to accept a personal application and direct that it is made through a solicitor.

Offhand, we reckon that we saved over €10,000 in solicitor's fees. You will pay a slightly higher rate of duty as tax_tutor1 says but you will come out ahead.

All of this is premised on the assumption that the estate is indeed devoid of any complications.

hullaballoo

Must have been an incredibly wealthy estate if you saved €10k in solicitor fees?

UrbanFox

hullaballoo wrote: »

Must have been an incredibly wealthy estate if you saved €10k in solicitor fees?

It was quite sizeable.

The figure included an estimated 23% in VAT on the instructions fee.

Mr. Incognito

Never DIY Law and particularly land title.

You wont realise how badly you have screwed up until its time to sell the house and it will cost a lot of money to fix it.

UrbanFox

Mr. Incognito wrote: »

Never DIY Law and particularly land title.

You wont realise how badly you have screwed up until its time to sell the house and it will cost a lot of money to fix it.

100% agreed which is why I got the conveyancing element dealt with by a solicitor to copperfasten that aspect of the assets.

coylemj

As the OP is the only beneficiary of the property, it's not absolutely necessary to do the conveyancing at the same time as the probate unless he wants to sell it in the short term. I did personal probate for an aunt of mine, my sister was left a property and we didn't bother with the conveyancing until about a year later when she needed to use the place as security for a loan so at that stage, she engaged a solicitor to do the transfer.

Mr. Incognito

coylemj wrote: »

As the OP is the only beneficiary of the property, it's not absolutely necessary to do the conveyancing at the same time as the probate unless he wants to sell it in the short term. I did personal probate for an aunt of mine, my sister was left a property and we didn't bother with the conveyancing until about a year later when she needed to use the place as security for a loan so at that stage, she engaged a solicitor to do the transfer.

Oh sweet Lord where to start.

I wont go into your experience but that makes me break out in a cold sweat.

There are so many things that could be wrong with this and you could be personally liable to the bank if the "transfer" wasnt effected and was in fact only security over an asset that was never properly transferred.

These issues tend to only come to light down the line when the security is to be relied upon and the problems come up.

coylemj

Mr. Incognito wrote: »

Oh sweet Lord where to start.

I wont go into your experience but that makes me break out in a cold sweat.

Mop your brow and calm down FFS. The transfer was effected before the loan was applied for as she knew she'd never be able to use the property as security until it was registered in her name. At the time I did the probate, I told her that the transfer didn't need to be done until she decided to sell the place or raise a loan using it as security. Her solicitor agreed.

Mr. Incognito wrote: »

There are so many things that could be wrong with this and you could be personally liable to the bank if the "transfer" wasnt effected and was in fact only security over an asset that was never properly transferred.

These issues tend to only come to light down the line when the security is to be relied upon and the problems come up.

None of which applies. Let me remind you of the last part of my post...

.... we didn't bother with the conveyancing until about a year later when she needed to use the place as security for a loan so at that stage, she engaged a solicitor to do the transfer.

delboy85

Hi,

Thanks for the replies. I don't intend to sell the house in the immediate future. I may or may not sell it at some future point. I just want to extract the grant of probate and get the deeds of the house transferred into my my name.

I don't have to do the conveyancing element until I go to sell the house do I?

Those of you who did the Probate process yourselves, did you have to get some legal assistance/help along the way or did you do it solely by yourself?

Thanks in advance.

coylemj

delboy85 wrote: »

I don't have to do the conveyancing element until I go to sell the house do I?

Correct. Or if you intend to raise a loan using the property as security. Otherwise, you need do nothing in the short term.

delboy85 wrote: »

Those of you who did the Probate process yourselves, did you have to get some legal assistance/help along the way or did you do it solely by yourself?

Based on what you told us in your first post, it should be a pretty straightforward process, basically an an adminstration task. If there are any legal bumps or roadblocks, the people in the Probate Office will spot them and instruct you to engage a solicitor i.e. they will deny your application to do personal probate.

Note that when they call you to come in to the Probate Office for a face to face with one of the officials, you are not allowed to bring a 'friend', you need to show that you are on top of the job and can do it yourself. The last thing they want is somebody doing personal probate who is being advised by an amateur lawyer. Who in all probability will royally fcuk things up.

moby2101

Op

It’s a very straightforward process.

You CANT go wrong...
http://www.courts.ie/offices.nsf/058819d20f75c85c80256e45004d3eb5/be735bced234bbbc80256e45005861c7?OpenDocument

I was in the Probate office 1 time. To swear an oath as to contents of my application and pay the fee.

Your situation as you have outlined appears very straightforward, do it and save yourself a bundle.

Good luck

Eggs For Dinner

hullaballoo wrote: »

Must have been an incredibly wealthy estate if you saved €10k in solicitor fees?

Nonsense. As I've posted here before, I had to pay €8,500 on behalf of my mother, to have the family home (in my father's name only) and a joint bank account transferred in to her sole name when my father died.

I know if was my own fault for not agreeing fees in advance with the (ex) family solicitor, but who thinks logically at a time like that.