Key Post Checklist for DIY Probate

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galwegian44

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I copied this from another thread where the estate was quoted €7,000 for a "simple" probate. Brendan

The valuation of the property is not included in the solicitor's fees. I've put together a checklist for doing this and it doesn't seem that daunting as it's a simple will and all beneficiaries are on board. This is what I have so far, any additions greatly appreciated:

Gather Documentation​

  • Obtain the Death certificate.
  • Locate the Original will and any codicils.
  • Collect details of all assets and liabilities.
  • Gather personal details for all beneficiaries, including names, addresses, PPS numbers, and details of inheritances
  • Arrange for the assets to be valued

Complete the Statement of Affairs (Probate) SA.2 Form​

  • This is a Revenue form completed online via MyAccount or Revenue Online Service (ROS).
  • The executor’s own MyAccount or ROS account is used to complete and submit the SA.2 Form.
  • You will need information about the deceased, assets, liabilities, and beneficiaries.
  • Submit the SA.2 form online; a Notice of Acknowledgement (Probate) will be generated in your Revenue inbox

Complete the Personal Application Form​

  • Download and fill out the Personal Application Form.
  • Prepare supporting documents:
  • Original death certificate
  • Photocopy of the will and codicils (do not send the original)
  • Notice of Acknowledgement (Probate) from Revenue.
  • Send the completed Personal Application Form and supporting documents to the Probate Office or your local District Probate Registry.
  • Wait for an acknowledgement and appointment date from the Probate Office

Attend an Appointment​

  • The executor (your wife) must attend in person with:
  • Photo ID
  • The original will and codicils
  • The appointment is private (not in a courtroom).
  • The probate official will review documents and may ask questions.
  • The executor will swear an oath or affirmation confirming the accuracy of the application

Receiving the Grant of Probate​

  • If everything is in order, the Grant of Probate will be issued, usually within a few weeks.
  • This document allows the executor to access and distribute the assets according to the will.


Miscellaneous​

Completing your gift or Inheritance Tax return (IT38)

https://www.revenue.ie/en/gains-gif...ift-or-inheritance-tax-return-it38/index.aspx
 
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I had a preliminary meeting with the Probate officer in the local courthouse today and they verified the steps on my checklist. Although I was pretty confident in pursuing this myself the meeting certainly added to that confidence and the Probate officer was hugely encouraging in supporting my application. The Probate officer was extremely helpful and made herself available for any questions or queries going forward. I got the impression that she was equally frustrated with solicitors charging exorbitant professional fees for straightforward processes.
 
You may need a number of copies of the death cert, (not just for probate) and prior to distributing the assets, you should get a tax clearance cert on the deceased to ensure there is no liability that falls due after the assets have been distributed. That will take a month to 6 weeks normally.

I know these probably lie outside the strict probate list but as part of the liabilities, if Fair Deal is involved, you will also need to ensure you get a closing statement from them. You will also need the beneficiaries bank account details to distribute the assets. I presume as the Executor, you would also give a statement to each beneficiary outlining the costs you are taking from the overall estate for probate etc (eg paying an EA to value a property, paying gas/electricity/insurance for a house prior to sale etc)
 
Peanuts20 said:
statement to each beneficiary outlining the costs you are taking from the overall estate for probate etc
Click to expand...
Exactly - also have the beneficiary sign a statement confirming their agreement & acceptance - there's a formal wording, it escapes me right now, but a search will find it.
 
Peanuts20 said:
number of copies of the death cert
Click to expand...
There's an easy way around this - call in person to banks / CU etc., and have them photocopy & certify the original. For almost everyone else a certified copy (Garda station) will do. The certs are €20 each these days; I'd get two originals max.
 
This is probably a silly question, but do you have to call a doctor to come out and declare death? Does the doctor send details to the registry office to issue a Death Cert? (We have a parent here on palliative care at our home, and I never thought to ask the team, being more concerned about the pain relief etc at the moment.)
 
The GP will usually call to certify the death.
The GP will complete a 'Death Notification Form' and give it to the family. This is not a death cert. This provides the cause of death.
The family must then bring this form to the Births and Deaths office to register the death and fill in the section on the back of the form.
The death is then registered and you can get the death cert which you will need for probate/dealing with affairs etc.
 
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