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PROBATE and ESTATES

Probate Estates

‘Probate’ is the process of distributing the estate of a deceased person and ‘estate’ refers to the assets of the deceased. The representative of the deceased is known as the Executor. If no will has been left, then the process of distribution is called Administration. The persons entitled to inherit under the will or intestacy (absence of a will) are known as beneficiaries and their details, including PPS numbers and previous inheritances, must be included in a Revenue Commissioners Affidavit (called an Inland Revenue Affidavit or Form CA24). In addition, Capital Acquisitions Tax (inheritance tax) returns must also be made on behalf of each beneficiary who inherits a certain value of inheritance. These tax returns are vital and must be filed with tax paid on time to avoid penalties and interest. This is important as the Executor or Administrator may be liable for unpaid tax if the beneficiary defaults.

A quick check list for those who are appointed Executors

  • Find the original Will
  • Decide if you wish to be Executor and appoint another if you do not.
  • Instruct the correct solicitor
  • List all assets and liabilities assessing whether the estate is solvent or not.
  • Set up the executor’s bank account.
  • Communicate with beneficiaries and give them a copy of the deceased’s will and probate.

The Executor must act within a year to obtain a grant of probate and to collect all assets of the Estate.  As such, it is the Executor who chooses a probate solicitor to act on their behalf and the original, most recent valid will must be complied with.  Peter Boyle‘s experience as a wills, trusts, estate and probate solicitor ensures a timely response to all requests and that all necessary action is forthcoming. If the Probate Office requires clarification of any issue, it may be necessary to trace witnesses and have them assist in answering these queries.

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