Intestate Estate - How is it dealt with?

[MrEarl]

Hello,

If a person dies, without leaving a will (or the will cannot be found), what's the procedure for dealing with the deceased's affairs?

I appreciate that distribution of assets (net of liabilities) is in accordance with the Succession Act, but how is it implemented, how long does it take, what costs are involved etc. please?

Many thanks,

 

[ClubMan]

Hello,

If a person dies, without leaving a will (or the will cannot be found), what's the procedure for dealing with the deceased's affairs?

I appreciate that distribution of assets (net of liabilities) is in accordance with the Succession Act, but how is it implemented,

What happens to a deceased person's money and possessions?

How to get access to the deceased person's money and property, the rights of family members under wills and how property is distributed.

www.citizensinformation.ie

Succession rights in Ireland

www.gov.ie

Probate - Intestacy Application | The Courts Service of Ireland

www.courts.ie

how long does it take, what costs are involved etc. please?

How long and how much depend on many different factors - impossible to say in the general case.

 

[Ravima]

If you are a beneficiary in a intestacy estate, then you should consult a solicitor as I understand whoever is first in, gets to control the situation. By this I mean, that whilst the estate must be dealt with under the rules of intestacy, if you apply to be the person in charge you appoint the solicitor.

 

[ClubMan]

If you are a beneficiary in a intestacy estate, then you should consult a solicitor as I understand whoever is first in, gets to control the situation. By this I mean, that whilst the estate must be dealt with under the rules of intestacy, if you apply to be the person in charge you appoint the solicitor.

Are you sure about that?

Dealing with a deceased person’s money and property

Find out about the steps involved in taking out probate or letters of administration in Ireland.

www.citizensinformation.ie

Usually, the next of kin applies for a grant of administration. Priority is given in the following order:

• Spouse or civil partner
• Child
• Parent
• Brother or sister
• More distant relative

The Probate Registrar will make a decision if there is doubt about who is entitled to be the administrator.

 

[DannyBoyD]

f you are a beneficiary in a intestacy estate, then you should consult a solicitor as I understand whoever is first in, gets to control the situation. By this I mean, that whilst the estate must be dealt with under the rules of intestacy, if you apply to be the person in charge you appoint the solicitor.

Yes correct to an extent; but if there are living relatives, they get first dibs on the administrator role.

 

[Ravima]

Yes correct to an extent; but if there are living relatives, they get first dibs on the administrator role.

Correct. The first of the direct relatives gets the gig!

 

[ClubMan]

Correct. The first of the direct relatives gets the gig!

That's not quite what you said earlier:

If you are a beneficiary in a intestacy estate, then you should consult a solicitor as I understand whoever is first in, gets to control the situation. By this I mean, that whilst the estate must be dealt with under the rules of intestacy, if you apply to be the person in charge you appoint the solicitor.