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Wills
Extracting A Grant of Probate
Extracting a Grant of Probate is an area that our probate solicitors have vast knowledge. Where a person dies without having made a Will, they are said to have died intestate. To distribute the deceased’s estate, it may be necessary to extract a Grant of Letters of Administration. This is like a Grant of Probate.
To obtain a grant of administration somebody needs to act as the Legal Personal Representative (LPR). This is the person who will be responsible for administering the deceased’s estate.
The deceased nearest next of kin is entitled to extract the Grant in the following order of priority:
- the deceased’s surviving spouse
- the surviving spouse jointly with a child of the deceased nominated by the surviving spouse
- child/children of the deceased
- issue of any child who has died during the lifetime of the deceased
- the deceased’s father or mother
- the deceased’s brothers or sisters
- nephews or nieces
- grandparents
- uncles or aunts
- great grandparents
- nearest next of kin
- the nominee of the State
As in extracting the grant of probate the legal personal representative (LPR) will have to obtain a Death Certificate for the deceased. This can be obtained from the Register of Births, Deaths and Marriages. If it is not available, you can obtain an interim Death Certificate.
The LPR will have to identify the deceased’s assets and liabilities.
The LPR will have to obtain PPS numbers and addresses for deceased and all beneficiaries.
The LPR will have to complete the Inland Revenue Affidavit.
The LPR will have to inform the Department of Social Protection and provide them with a copy of the Inland Revenue Affidavit.
Local Solicitor will then draft the documentation to apply for the grant.
Local Solicitor will arrange for the drafted documentation to be sworn before a Commissioner for Oaths.
Local Solicitor will file all the documentation with the Probate Office together with the required fee.
The grant should then issue from the Probate Office.
Local Solicitor has experience in obtaining grants of probate and grants of administration and provide a fixed fee service.
Local Solicitor is happy to provide a free consultation if a member of your family or a person close to you has died. You can contact us by telephone, our telephone number is 01 8438138
The information contained in this website is an overview and explanation of the general process. It is not to be taken as legal advice. Please consult Local Solicitor for legal advice. If you need to get involved in a process Local Solicitor is in your corner to help you through the process. You can contact Local Solicitor by telephoning 01 8438138.
What we can help you with
A Will is a document that sets out your intention regarding your estate when you die. It is especially important to make a Will if you have young children. This is so you can appoint guardians and trustees for those children.
Read More about Making a Will and Our Probate Solicitor in Dublin
Local Solicitor will draft the Probate documentation and arrange for the documentation to be sworn before a Commissioner of Oaths. When that is done Local Solicitor will file all documentation with the Probate Office together with Probate fee so that it will be possible to collect the Grant of Probate.
Where a person dies without having made a Will, they are said to have died intestate. To distribute the deceased’s estate, it may be necessary to extract a Grant of Letters of Administration. This is like a Grant of Probate.
If you have left a will your spouse or civil partner are entitled to a legal right share of your estate. This legal right share is half of your estate if you do not have children or one-third of your estate if you do have children.
Partners, who live with each other but are not married or in a civil partnership, have no automatic legal right to each other's estates, although under the redress scheme for cohabiting couples introduced by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act a qualified cohabitant can apply for a share of the estate of a deceased cohabitant.
Children do not have any absolute right to inherit any of their parent's estate if the parent has made a will. Children born inside or outside marriage and adopted children all have the same rights and there are no age restrictions.
The surviving spouse or civil partner may ask to keep the family or shared home instead of their legal right share, although if the house is worth more than the legal right share, the spouse or civil partner may have to pay the difference into the deceased's estate. A court may decide that this sum does not have to be paid if it would cause undue hardship.
