What needs to be done after Probate is granted

[Prosper]

I've a personal probate application submitted in early January. I'm hoping that I get called for the appointment soon and I believe I've been very thorough and so I don't expect any "issues" to arise at the appointment. I've also dealt with the issue of lost title deeds and there is no issue with that now as I have the PRA covered by the title insurance company. Contracts on the family home have been signed by all parties. The purchasers are currently renting and I'm hoping that this fact will persuade the probate office to bring the appointment forward from their current estimate of October although I'm not confident they'll oblige.
My mother died in 2014 and was in a Nursing Home for almost exactly a year at a total cost of €40k (excluding additional medical expenses). My father died in 2016 in hospital aged 93. He'd had a stroke when my mother died and he paid a private homecare company for a few hours a week.
I'm now turning my attention to what I need to do after Probate is Granted. A weak point of mine is dealing with tax issues. I have no idea what needs to be done regarding his tax affairs and indeed my own after the estate has been distributed.
Any advice or guidance would be greatly appreciated.

 

[DirectDevil]

When the grant of probate issues your (I assume you are a sole executor) responsibilities are to gather in what is owed to the estate (the assets) and to discharge what is owed by the estate (the liabilities). The grant of probate gives you the legal authority to deal with these matters. Practically speaking some matters can be dealt with in advance. e.g. I paid for my mother's funeral and recovered the costs from the estate when probate issued.

It is an essentially pedantic exercise in that you list out everything to be recovered and discharged. You can start writing up your lists now so that you are ready to go when probate issues.

In your case it might be helpful to open an executor's account with your bank to facilitate moving money in and out as you deal with the estate. I did a personal probate also but found some financial institutions a bit messy and sticky in terms of the payee on cheques when I was collecting in the assets .

In relation to both of my parents they were on PAYE. After probate issued, I simply completed income tax returns for both of them to complete and close their tax affairs. There were refunds in each case.

Your mother was in a nursing home. There may be very valuable tax rebates due for the nursing home fees apart from any Fair Deal considerations if they apply. Revenue will have the information you need on that.

There may be capital taxes payable on inheritances. As far as I remember they are effectively self declaration taxes. When probate issues Revenue will receive a copy (from the Probate Office) of the CA24 that you completed for the probate application. Beneficiaries may well receive a notice from Revenue asking them to complete a return. I think that the trigger for a return is if the benefit received reaches 80% of the relevant CAT threshold.
Don't forget that this will apply to you too if you are also a beneficiary.

Some of this can be a bit overwhelming. If so, do not be afraid to consult a solicitor or an accountant for help. I had a slightly complicated tax wrinkle on an inheritance but the €350 I spent on an accountant to resolve it was very well worth the money and peace of mind.

Working principle for probate : Keep calm but carry on promptly as penalties can accrue if certain things are delayed.

 

[Prosper]

Thanks for that DirectDevil.
I'm one of three executors and all three of us are the only beneficiaries.
I had the bank pay the funeral fees directly from Dad's account within weeks of his death and I also got an Executor Account set up and have used the overdraft on this to pay LPT, EA Marketing Fee, House Insurance and solicitor, insurance & architect fees relating to reconstituting title deeds.
As you suggest I've started preparing a file for collecting in the assets (State Savings, Prize Bonds, proceeds from sale of car, balance in bank acct. etc). Proceeds from sale of house will go into our solicitors client account - how long should it take to have the solicitor release the house sale money?
Dad was a retired PAYE and I've requested a P60 from his employer for 1st Jan to DoD. I've got the Form 12 from Revenue and I'm getting the data together to complete a return. I'll do as you suggest and ask Revenue about any rebate possible for my mother's Nursing Home stay.
One thing I realised just now is that I didn't put on the CA24 the outstanding balance at DoD for all utilities (Bord Gáis, Eir etc.). I'll get the statements from around the time of his death and bring them to the Probate appointment. Hopefully they won't ask me to complete the whole form again!!

 

[Thirsty]

Hopefully they won't ask me to complete the whole form again!!

You won't get your grant of Probate unless everything is correct. You can file a corrective affidavit.

 

[Prosper]

Should I do that in advance of the appointment or wait and see what happens at the appointment? Also, I got a formal statement of accounts from State Savings that differs by 0.13% from what is on the submitted CA24. I cannot imagine that such a miniscule difference would cause a problem???

 

[Curlywurly]

You can only do a corrective affidavit after the Grant issues. If you are aware of errors in the CA24 beforehand you should complete 1 new CA24 with the correct figures and have same sworn before a solicitor or Commissioner for Oaths. Then photocopy the sworn CA 24 and have it certified by the solicitor to be a true copy of the original & send both to the Probate office to replace the ones lodged with the application. New rules introduced recently where 1 original and certified photocopy is acceptable instead of 2 originals. Ensure all figures entered in CA24 are the amounts on the date of death. Once household bills straddle the date of death you can insert the full bill. It is not necessary to pro rata them to the exact date. You should write to the Probate office and enclose copy signed contract for sale with expected closing date inserted and ask them to expedite the application. The above should enable your appointment to proceed without any problems or need for a 2nd appointment.

 

[Prosper]

Yes I know that the CA26 is only for after GOP. I've checked with Probate Office and outstanding Utility bills at DoD do not have to be included under "Debts" on CA24 - it's optional. Another possible disparity is that after my mother died (two years before my father) I used my fathers solicitor for GOP for her very small estate (P.O. Savings). However, I've now realized that there are Prize Bonds still in her name and also jointly with my father. The value is just over €100. Also, there are Verizon/Vodafone shares still in both their names. Hopefully it won't be a problem but a good reason not to use a solicitor for probate.

I will however do as you suggest and complete another CA24 and have it ready just in case.

I've already sent in a copy of the signed Contract for Sale but no word back yet re expedite. Current lead time from application to appointment is 10 months. Took the solicitor 18 months to get GoP for my mother so I believe I'll beat that by at least 7 months without an expedite.