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  #1  
Old 20-04-2006, 12:15 PM
3littlefish 3littlefish is offline
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Default Stages of Probate

Hi,

can anyone tell me when dealing with a deceased persons' estate, from the point in time that the executor/solicitor submits an affidavid to the Revenue Commissioners for CAT Clearance, typically how long does it take unitl the beneficiaries receive their inheritance?

2 weeks, 1 month, 3 months ???

Thanks.
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  #2  
Old 20-04-2006, 12:47 PM
jpd jpd is offline
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Default Re: Stages of Probate

That depends on a multitude of things - for example, to name but a few

what is included in the inheritence - house, shares, bank accounts, paintings, business ?
Are the assets to be sold ?
Any overseas assets ?
Are whereabouts of all beneficiaries known ?
Did deceased have any debts ?
Is will being contested ?

Without a lot more info, the only estimate is from 3 months to whenever!
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  #3  
Old 20-04-2006, 01:24 PM
3littlefish 3littlefish is offline
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Default Re: Stages of Probate

Thanks....

Usual assets, house, lots of shares, some cash, car etc
All beneficiaries accounted for
No debts
Not sure if any assets are to be sold, perhaps some assets not specifically mentioned in the will may be sold to help meet the costs.
Nobody contesting the will.
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  #4  
Old 20-04-2006, 01:35 PM
jpd jpd is offline
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Default Re: Stages of Probate

OK, in the absence of any major problems and assuming you can make the executor and the solicitor handling the probate work at a reasonable pace (from experience, I know that this can be tricky with some solicitors and requires constant nagging, etc to make sure your file stays on or near the top of his in-tray) then I would reckon a minimum of 6/9 months and a more reasonable delay would be 1 year.

The executor may be able to make advance payments, but it would not be usual.

All kinds of issues come up and need to be resolved - my father-in-law had a small amount of shares but they were held in accounts in all over the place and it took ages to get the right paperwork to be able to sell them.

There may be Capital Gains and income tax issues, if any of the assets rise in value or produce income (eg rents, dividends) during the period of administration.

Good luck!
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  #5  
Old 20-04-2006, 01:48 PM
3littlefish 3littlefish is offline
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Default Re: Stages of Probate

You're kidding!!! 6/9 more from now?????

This has been going on since last August. I thought now that the solicitor (also the executor) was submitting the Revenue Affidavid in the next week or so that we were coming close to the end of this process.

Clould it really take another year from here?
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  #6  
Old 20-04-2006, 01:58 PM
jpd jpd is offline
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Default Re: Stages of Probate

The steps after the submission of the revenue Affidavit are

2) revenue checks and approves affidavit - 2-3 weeks
3) apply for Grant of Probate - 6-10 weeks
4) collect in assets - 4-6 weeks, more if property has to be sold - it can take a few months to sell a property, assuming all goes well
5) discharge any liabilities (funeral expenses, ...)
6) identify and pay any tax charges - 1-2 weeks
7) distribute assets to beneficiaries, fill in CAT forms, etc etc
8) prepare estate accounts

Your solicitor should be able to go over the various stages and formalities to be executed
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  #7  
Old 20-04-2006, 03:48 PM
cosmo cosmo is offline
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Default Re: Stages of Probate

That is a very useful and accurate description JPD. This is very close to what we experienced. Hang in there 3littlefish.
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  #8  
Old 20-04-2006, 03:51 PM
3littlefish 3littlefish is offline
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Default Re: Stages of Probate

Thank you jpd. that is very helpful.
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  #9  
Old 20-04-2006, 04:30 PM
asdfg asdfg is offline
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Default Re: Stages of Probate

Quote:
The steps after the submission of the revenue Affidavit are

2) revenue checks and approves affidavit - 2-3 weeks
3) apply for Grant of Probate - 6-10 weeks
4) collect in assets - 4-6 weeks, more if property has to be sold - it can take a few months to sell a property, assuming all goes well
5) discharge any liabilities (funeral expenses, ...)
6) identify and pay any tax charges - 1-2 weeks
7) distribute assets to beneficiaries, fill in CAT forms, etc etc
8) prepare estate accounts
I'm not being smart here but in case you copied this from somewhere is there a 1)
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  #10  
Old 20-04-2006, 05:18 PM
jpd jpd is offline
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Default Re: Stages of Probate

Yes, there's even a few minuses but as 3littlefish was already on the road, I decided that stage 1 was where he was at (does that make any sense?)
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  #11  
Old 20-04-2006, 06:07 PM
asdfg asdfg is offline
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Default Re: Stages of Probate

Fair point. Didn't see that.
Sorry
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  #12  
Old 27-04-2006, 03:44 PM
Lorrie Lorrie is offline
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Default Re: Stages of Probate

With a fairly straightforward case (1 bank account) after I submitted the affidavid to the Revenue Commissioners and got it back I sent it to the Probate court last week and on Tuesday 27/4 I got a call stating the Grant of Administration had arrived. Paid the fee and thats it done I thought it would take months also. Then again no solicitors involved applied for it myself on behalf of my dad and there was no complications. I guess all cases differ. Am very glad didn't go through a solicitor as form filling wasn't too bad and woman in court was very helpful. Also got alot of help from AAM and Oasis. So saved a few euro.
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  #13  
Old 06-05-2006, 10:41 PM
therave therave is offline
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Default Re: Stages of Probate

hi Lorrie,
just about to start a probate process could you please advise who AAM is/are.
thanks
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  #14  
Old 06-05-2006, 11:29 PM
LexLuthor LexLuthor is offline
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Default Re: Stages of Probate

AAM = Ask About Money. i.e.: this website!
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  #15  
Old 07-05-2006, 06:57 PM
December December is offline
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Default Re: Stages of Probate

The Probate Office in general are very helpful where the estate is uncomplicated and is being taken out by a relative.
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  #16  
Old 08-05-2006, 12:06 PM
therave therave is offline
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Default Re: Stages of Probate

thank you all
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  #17  
Old 18-08-2006, 04:15 PM
3littlefish 3littlefish is offline
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Default Re: Stages of Probate

Letter from solicitor to say that Grant of probate issued
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