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Probate : always necessary?

  • 20-09-2020 1:04pm
    #1
    Registered Users, Registered Users 2 Posts: 56 ✭✭


    Hi, I hope you are all keeping well.

    Is it always required to get a Grant of Probate to deal with a persons will ?

    There is no property involved.

    If money is held in trust for a person (husband), taken out by the person who dies (wife), does this need to go through probate.

    Are there limits on accounts that do not need the grant of probate, ie if there is an account held in the deceased name only ?

    Thanks in advance and keep safe.


Comments

  • Registered Users, Registered Users 2 Posts: 56 ✭✭Darrio


    Good morning,

    I would be really grateful on some guidance on the need of Probate.

    Thank you and stay safe


  • Registered Users, Registered Users 2 Posts: 26,984 ✭✭✭✭Peregrinus


    Are you engaged in a bit of planning for future events, or has somebody already died and you are trying to work out if you need to get a grant of probate?


  • Registered Users, Registered Users 2 Posts: 56 ✭✭Darrio


    Peregrinus wrote: »
    Are you engaged in a bit of planning for future events, or has somebody already died and you are trying to work out if you need to get a grant of probate?

    Helping out an older friend to be honest who's wife just died. House in his name but certain funds in her name only. I have done research and it said, that banks etc would release funds if less than €25,000 which it falls under.

    Trying to see can he avoid having to pay a solicitor as only small about of money involved.

    While I am on, what would a solicitor normally charge if anyone knows, as I said, no property involved.

    Stay safe


  • Registered Users, Registered Users 2 Posts: 3,394 ✭✭✭phormium


    It should come under small estates procedure at that amount but you'll have to check with the bank involved what their procedures are.


  • Registered Users, Registered Users 2 Posts: 26,984 ✭✭✭✭Peregrinus


    Cut out the middleman - contact the banks concerned and see if they will release the funds to the widower on production of the death certificate, plus copy of marriage certificate. Will probably help if the widower is already a customer of theirs, and they know him. Different banks have different policies on this matter, and some are more flexible than others.

    If they banks concerned tell you they are happy to release the money to him, grand; no need to contact a solicitor.

    If one or more of the banks wants a grant of probate, he doesn't have to use a solicitor; he can do it himself. It's a bit of a pain, and some people prefer just to pay a solicitor to do it. If he wants to consider making the application himself, the Courts Service has a web page which has information on the process and links to what he will need.


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  • Registered Users, Registered Users 2 Posts: 56 ✭✭Darrio


    Thank you very much for the information, very helpful indeed.

    It would be great to cut out the middleman with what they charge, so I hope it is not needed.

    I have just noticed that from 14th September, that if you are applying for a grant of probate that it first has to be done on the revenue site. Anyone know about this ??.

    Stay safe


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