DIY Probate - is it feasible?

Sid 1984

Hi all;

I did a search (in so far is possible with the new setup here) and couldn't find anything directly related to my situation.

Summary: Mother is in Hospice and we are counting down the clock.

I'm the eldest of four (we all get on very well!) and my brother & I are Executors in her Will. All assets to be divided equally between the four siblings.

The only assets she has are the family home (in her name) and a small amount in Credit Union savings with no outstanding debts.

Is it a relatively straightforward process to do Probate ourselves & should it be done before or after sale of the house?

I hope this doesn't come across the wrong way, but we are just looking to have our ducks lined up & make the process as easy as possible.

tabby aspreme

https://services.courts.ie/taking-action/probate.

Take a look at the courts service probate page

Sid 1984

https://www.boards.ie/discussion/comment/123397155#Comment_123397155

Many thanks!

LambshankRedemption

https://www.boards.ie/discussion/2058407871/diy-probate-is-it-feasible

Just been through this. My advice, get a solicitor. His or her fees are a small drop in the ocean and well worth it for something like this.

Is it feasible? Well, yes, but like building your own house it's feasible if you know all the steps and what you need to do and in what order.

endofrainbow

Are you even able to sell the house before probate?

Mrs OBumble

https://www.boards.ie/discussion/comment/123397372#Comment_123397372

Will depend on whether someone has the right POA.

beachhead

https://www.boards.ie/discussion/comment/123397171#Comment_123397171

The fee question would need to be discussed with the chosen solr or solrs-shop around.Leave it to a solr to decide how much he/she will charge is open invite to get stung

tphase

Friend of mine did it himself after the solicitor jerked him around. It was similar to yourself, a house and some savings so a relatively simple job. However if you can find a decent solicitor, best to go with them. I'd ask for recommendations here

Ted222

It’s entirely doable yourself, particularly given the simplicity of the estate.

A slightly tricky administrative task that requires a bit of care but well worth the saving of thousands. You will however need a solicitor when the house itself is being sold but that’s completely separate from probate.

You can proceed with the process of selling the house before probate is granted but you can’t complete the sale until after it’s granted.

bureau2009

Are solicitors legally required to advise (in writing) of their charges and to further advise if there are any changes or additional costs?

Also, if a will is held with solicitor X can the executors go to a different solicitor to process the will and seek probate?

Ted222

They’re obliged to give you an estimate of the cost and advise you of any significant additional costs. In most cases, the cost is expressed as a percentage of the value of the estate which can be a bit of a rip off. The same work is involved regardless of the value of say a house in Dublin relative to one in the country.

On the second question, there is absolutely no obligation to use the original solicitor for probate. If the will is uncomplicated you could do it yourself.

Peregrinus

Is it a relatively straightforward process to do Probate ourselves & should it be done before or after sale of the house?

Doing a probate application yourself is a pain, but it's doable. How painful depends on how comfortable you are with bureaucratic procedures, how much attention you pay to what the probate office staff tell you and how little attention you pay to what people in the pub tell you. Also on how neatly your mother has managed and documented her affairs.

The house is in your mother's name. You can't sell it until you have obtained a grant of probate empowering you to administer her estate.

(Mrs O'Bumble suggests above that you may be able to sell it if you have a valid power of attorney, granted by your mother, enabling you to manage her affairs. This is relevant only to a sale of the house while she is alive. Once she dies, any power of attorney she may have granted you will lapse.)

Eggs For Dinner

I'd get a solicitor. As there are 4 of you to inherit, you should look on it as each of you will only have to bear a quarter of the cost from your share

Sid 1984

Many thanks to you all for taking the the time & effort to reply.

I'll sit down in the next couple of days and read through everything offered here, get it straight in my head what's involved & then go to the family & see what their take is.

If I do go down the DIY route I'll post the experience on here for the benefit of anyone else who may be in similar position in the future.

Again, many thanks