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Grants of Probate and Grants of Administration
        
The Probate Procedure involves “proving” the will of somebody who has passed away. Under this procedure, the Executor named in a will makes an application for a Grant of Probate. The granting of the Grant of Probate to the Executor then gives the Executor legal power to fully deal with the estate of the deceased and to sign all documents, papers, deeds, contracts etc which might be necessary to sell, transfer or otherwise deal with all of the estate and assets of the deceased, to include property such as lands and houses and also bank accounts, shares, post office accounts, life policies and any other assets.
      
The procedure necessary to administer the estate of somebody who dies without having made a will is similar to the Probate procedure.

In such circumstances, however, the applicant obtains a Grant of Administration rather than a Grant of Probate. The party entitled to apply for such a Grant of Administration is usually a party entitled to share in the estate of the deceased. Once the Grant of Administration issues to the Administrator, the Administrator has very similar powers to those of an Executor as set out above on receipt of a Grant of Probate.
        
We set out below a sample case plan which details the steps which we would propose to take on your behalf in dealing with your application to extract a Grant of Probate or Grant of Administration in the estate of a deceased person.
        
        
Case Plan for Extraction of Grant of Probate/Administration with Will annexed / Administration Intestate
        
1.Meet with you as Executor/Proposed Administrator to take initial instructions in relation to the Estate.
2.Write out to you to seek your further written instructions and completed questionnaire with all relevant details of the Estate.
3.Receive in your completed questionnaire and thereafter arrange to write to all beneficiaries in the estate to seek details of their gifts and inheritances, write to all Financial Institutions/Life Assurance Companies to seek date of death valuations of all assets in the estate of which you furnished us details, write to Department of Social Welfare to formally notify that the deceased has passed away, write to any Pension Providers to seek P60 details and confirmation as to whether there is any payment due to the Estate, write to Auctioneer to seek valuation of any lands or houses or buildings in the estate.
4.Upon receipt of all of the information sought above, to proceed to draft your Inland Revenue Affidavit and Probate papers for the Probate Office and to forward a draft of same to you.
5.Where applicable, in circumstances where it is anticipated that there may be outstanding income tax matters, to write to the Inspector of Taxes of the deceased to seek a note of their requirements for finalisation of the tax matters. To correspond further with you in relation to same.
6.To arrange to meet with you to sign the draft Probate papers if approved by you. To prepare all papers for the Application to the Probate Office and to proceed to lodge same in the Probate Office.
7.To deal with any Probate Office queries which might arise in respect of the transaction.
8.When the Grant of Probate/Administration issues [usually approximately 8/10 weeks after it has been lodged in the Probate Office] to forward a copy of same to you together with a note of our fees and to request that you come in to sign the relevant documentation necessary to gather in the assets of the estate and also to discuss in further detail the gathering in of the assets and administration of the estate.
9.To begin to gather in all of the assets by writing to the different financial institutions holding monies, life assurance companies etc.
10.To arrange to complete any sale of any property in the estate which has been agreed.
11.After all of the assets have been gathered in, to draft accounts showing all monies received and paid out in relation to the estate and all monies due to be paid out and also to show the ultimate division and distribution of the estate.
12.To forward draft accounts to you for your approval.
13.On receipt of your formal written approval of the draft accounts, to arrange for distribution in accordance with same.
14.To write to the Revenue Commissioners in respect of any non-resident beneficiaries to put them on notice that we are arranging to distribute to those non-resident beneficiaries and unless we hear from the Revenue Commissioners within 30 days, we will be proceeding to do so.
15.In due course, to distribute the estate and make all payments as instructed by you in the accounts.
16.It is possible that in the final stages of the administration, it may be decided to proceed with an Interim distribution of the estate where perhaps an asset such as a dwelling house in the estate has not been sold and therefore does not come within the distribution at that time. A further distribution of the sale proceeds can be made at a later stage for a further administration charge.
17.After distribution of all funds to arrange for the performance and discharge of any undertakings which may have been given in the course of the administration.
18.To carry out a pre-closing file review and to release any balances of monies which may be on hand and not accounted for.
19.To close the file.
        
        
        
        
Contact:
        
Seamus Whelan
swhelan@carvillrickard.ie
        
        
Carvill Rickard & Co. Solicitors
Watermill House, 1 Main Street, Raheny, Dublin 5, Ireland
Phone : +353 1 8312163    |    Fax: +353 1 8312452    |    Email: post@carvillrickard.ie
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