Everything left to spouse and most assets in joint names

T

The Ghoul

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A deceased relative has left everything to their surviving spouse, the spouse is named as executor in the will and most of the estate is in their joint names anyway.

1) Principal private residence in joint names
2) Bank accounts in joint names total approx 200k
3) State savings certs/bonds in joint names total approx 300k
4) One bank account solely in the deceased's name. Spouse also has a sole account

No other assets, no loans and no possibility of anyone challenging the will. Seems quite straightforward?

The spouse plans to pay the funeral expenses and the deceased's final medical bill out of the spouse's sole account or out of one of the joint accounts.

A death certificate has been acquired. Pension providers and Revenue (re: PAYE tax credits) have been informed of the death by phone.

From what I've read online it seems as though the relevant financial institutions and An Post may be willing to convert all joint accounts into sole accounts before probate on production of the death certificate and possibly the will. However I think the part of the Revenue affadavit on joint assets will still need to be completed and submitted for probate.

One question is - can/should the spouse continue to access the joint accounts and write cheques using them before probate is completed? Or should the accounts be left alone?

Any other tips or comments?
 
Survivor spouse may not need Probate at all - depends on amount in deceased's sole account. Generally, if it is under 25K, a Grant will not be needed to access.

All joint assets revert to survivor. It is a good idea though to notify the Banks, confirm the position and ask if they have any requirements to convert the accounts into sole accounts before accessing any funds held in the joint accounts.

Ditto with Certs and Bonds

mf
 
mf1 said:
Survivor spouse may not need Probate at all - depends on amount in deceased's sole account. Generally, if it is under 25K, a Grant will not be needed to access.

All joint assets revert to survivor. It is a good idea though to notify the Banks, confirm the position and ask if they have any requirements to convert the accounts into sole accounts before accessing any funds held in the joint accounts.

Ditto with Certs and Bonds

mf
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Thank you, there is about 70k in the deceased's sole account so it sounds as though probate may be needed for that.

There is a refund of a VHI premium on its way which will be a cheque made out to the deceased's representative - not sure yet what to do with that when it arrives.

We (myself and surviving spouse whom I'm assisting with this) are still getting our heads around the process and sequence of actions that need to be taken. However it does sound as though this will be easy and uncomplicated compared to many inheritances.
 
Much of this has been sorted already with no hassle. State Savings certs/bonds in joint names have been replaced with cert/bonds in the survivor spouse's name. Also, the joint bank accounts are now in the survivor's name.

So that just leaves:
-the deceased's sole account which will likely require probate
-the residence in joint names

I'm under the impression that the residence will transfer to the survivor without needing probbate but I'm not sure exactly what we need to do to effect this transfer i.e. is conveyancing and/or a solicitor needed.

Also, I presume that the section on joint assets in the Revenue affadavit will still need to be completed even for assets that have already been transferred to the survivor.
 
The Ghoul said:
I'm under the impression that the residence will transfer to the survivor without needing probbate but I'm not sure exactly what we need to do to effect this transfer i.e. is conveyancing and/or a solicitor needed.
Click to expand...

http://www.irishstatutebook.ie/2012/en/si/0483.html

Rule 94/Form 47 from the above which is an affidavit, and needs to be signed in front of a Commissioner for Oaths/Solicitor
PRAI fees are €40, and a Form 17 (application form) is needed. If not done through a solicitor there are some requirements for identification (passport/proof of address).
 
j26 said:
http://www.irishstatutebook.ie/2012/en/si/0483.html

Rule 94/Form 47 from the above which is an affidavit, and needs to be signed in front of a Commissioner for Oaths/Solicitor
PRAI fees are €40, and a Form 17 (application form) is needed. If not done through a solicitor there are some requirements for identification (passport/proof of address).
Click to expand...
Thank you very much, very helpful. Looks like a straightforward procedure.
 
Update on this, the property has now been transferred to the surviving spouse using Form 47. All that remains is the deceased's sole bank account which will require probate. We have not started probate yet but will do so shortly.

Re: the joint bank accounts and property where ownership has already been transferred to the surviving spouse - do these assets need to be included in the probate form? (due to legal obligation or some other good reason?)

My other question is should we use a district probate office or the Dublin office for this process. It will be a personal application without a solicitor involved and the estate seems straightforward.
 
Have you checked with financial institution that has the account in the sole name that they require Probate?
 
You can only use a district Probate Office if the estate is located in the district. The existence of a PPR probably fixes the location of the estate.
 
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