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What would be the shortest time you could get an estate through probate?

  • 07-12-2022 12:26am
    #1
    Registered Users, Registered Users 2 Posts: 20,198 ✭✭✭✭Donald Trump


    I was reading a thread over on a different forum about a fella wanting to charge his brother rent. That's somewhat irrelevant. However he mentioned the delay in getting things through probate. That made me think of a question that people on here can probably answer.

    If you were in a hurry, and it was a "simple" case, what would be a minimum time that you could realistically get a grant of probate?


    The reason I ask is that I am aware of a property that will likely come to market as soon as possible after the owner passes. If you were interested to purchase it and wanted to have cash on hand, would one expect that you would have at least 6 months for example after the person passes before the beneficiaries would be able to put it on the market? Or could the executors/administrators put it on the market immediately and sort out the division of the proceeds later?



Comments

  • Registered Users Posts: 3,540 ✭✭✭Ginger83


    An elderly neighbour passed recently enough and all he really had was his home and a field. It was over a year before the property went on the market.



  • Registered Users, Registered Users 2 Posts: 3,031 ✭✭✭gipi


    Buddy of mine is currently buying a property where the previous owner passed away in August or September. He heard this week that purchase contracts are ready to be signed,which suggests that probate has been granted.

    A property could be put on the market quickly by executors, but the sale couldn't be completed until probate has been granted



  • Registered Users, Registered Users 2 Posts: 12,586 ✭✭✭✭Flinty997


    The length of time required to complete Probate in Ireland will depend on the individual circumstances of each case. However, the Probate Office in Dublin currently has a backlog of approximately 4-6 weeks from the date papers are lodged.


    Therefore, taking account of this backlog, it usually takes approximately 4-6 months for the Grant of Probate to issue from the date we receive all relevant information.

    Its on the probate office website.



  • Posts: 0 Lilly Odd Locust


    When my cousin died of MND in October 2016 I helped through the sale of her house, which went through from advertisement to sale in 4 weeks, I was executor of her will, sake of house and private through shortly before Christmas.



  • Registered Users, Registered Users 2 Posts: 243 ✭✭chunkylover4


    The big delay assuming the estate is straightforward will be waiting for the grant but it should be 2 -3 months realistically with room for delays included.

    Post edited by Boards.ie: Paul on


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  • Registered Users, Registered Users 2 Posts: 552 ✭✭✭awsah


    right now its a minimum of 10 week for a grant of probate to issue - that's assuming of course that a will is in place


    as another poster above suggested, it is possible to put the property on the market and sign contracts pending the grant. it would be typical of a purchaser's solicitor in that case to put a special condition in the contracts that if probate isn't issued by x date that the purchaser can walk away with deposit fully refundable



  • Registered Users, Registered Users 2 Posts: 6,289 ✭✭✭Claw Hammer


    It is not a question of a division of the proceeds. Probate could be refused because of a later will unknown at the time the house went on the market.t happened and there was a different executor, the buyer would have no title and the new executor could throw the buyer out. The buyer wouldn't be able to get a mortgage for that reason also. The grant of probate is critical to the title.



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