Questions re probate

[jtk]

RIP. 95 was a great age to achieve. On the practical side citizens advice have a helpful list of items to look after. Your husband and SIL can start gathering all the paperwork needed bit by bit.

thank you, I'll take a look at this list, hubby n SIL have a lot of papers they think are required so that's looking good

 

[jtk]

Sorry for your loss. Before you engage a solicitor for the probate you should be given an estimate of the cost in writing. Do not accept a 'shure we'll see you right' response.

You do NOT have to hire the family solicitor, nor the solicitor who holds the original will.

Sounds like a simple estate which could be undertaken by one of you. But some people are not good at admin. Plus there is the cousin problem. It is easier if there is one executor to deal with the solicitor. It's an unpaid task, so if your cousin is being 'thick' let them at it.

All valuables should have been already removed from the house.

Credit unions might have different death benefits. Such as a lump sum in the event of death. You should speak to them.

thank you.
hubby n I are good with admin tasks & SIL has said that if we want to try to do the probate she'll help as much as poss. (she'll be travelling back here every few wks). Cousin has indicated she won't cause any issues.
hubby has the Death Cert & an appointment with the bank & CU Monday.

 

[jtk]

Going through Probate myself as an Executor at the minute, it's taking up to 6 months in Dublin, 4 months or so in other places once the Solicitor puts in the paperwork

Remove valuables as already mentioned, ensure the house insurance is maintained and electricity and heating remains on.

Do not throw out any papers at this stage, you never know what is needed

sorry for your loss.
wishing you the best of luck with the probate process.
we've removed anything that may be of use to anyone, oddly enough insurance is due next wk n we were about to renew it.

 

[Bronte]

Going through Probate myself as an Executor at the minute, it's taking up to 6 months in Dublin, 4 months or so in other places once the Solicitor puts in the paperwork

Remove valuables as already mentioned, ensure the house insurance irs maintained and electricity and heating remains on.

Do not throw out any papers at this stage, you never know what is needed

They have to inform the insurance that the house is uninhabited. They might have to turn off the water, at the stop cock outside - to prevent burst pipes in winter so not now.

Best not to cut off the electricity, there is a reconnection charge. A temporary cheap caretaking might be in order to keep the house ok it it's going to take a long time.

 

[Bronte]

If your MIL’s €36k disregard is being used on her CU savings, the calculation for the Fair Deal loan will be €350K x 7.5% = €26,250 or €504 weekly.

When MIL passes she will owe €504 for each week she was in the nursing home up to a maximum of 156 weeks. Whatever is owed will then be adjusted for inflation to give the final amount owed.

Will the care home work out this or does the OP have to deal with a department directly?

OP should ask care home for the final bill.

 

[Bronte]

thank you.
hubby n I are good with admin tasks & SIL has said that if we want to try to do the probate she'll help as much as poss. (she'll be travelling back here every few wks). Cousin has indicated she won't cause any issues.
hubby has the Death Cert & an appointment with the bank & CU Monday.

Good for you. I did it myself as well, I was the executor and a solicitor was also named. He renounced. Fairly simple small estate.

Here's a good thread on the procedures.

Step by step guide to Acting as Executor

I couldn't find a good, clear guide to taking out probate without a solicitor, so I will compile this as I go along. Suggestions and corrections welcome. This thread applies only Where there is a valid will You are the named executor Please ask posts about any other situation in a new...

www.askaboutmoney.com

(if you find anything in that link is now different you might say so on the thread or on here)

I did hire a solicitor for the conveyance (sale of the property). That would be a nightmare otherwise and it actually was because the title was a mix of land reg and Reg of Deeds. The Land Registry had about 50 questions as at that time they were sorting out titles in Ireland. So due to other circumstances I left the property for a couple of years (family grieving and losing the plot) and then LR was only interested in about 5 questions).

I'd no issue with getting the grant from the probate office, they gave me an appointment and I flew in to deal with that, not Dublin. I needed some docs witnessed and got that done in a solicitors across the road, the solicitor had a chat with me, nice chap and never charged me anything. Probate office, in the court house are very helpful and pretty nice.

 

[twofor1]

Will the care home work out this or does the OP have to deal with a department directly?

When the loan is availed of, the HSE pays the assessed amount directly to the nursing home on your behalf. When the nursing home resident dies, the HSE notifies the accountable person of the amount owed and this amount is then to be paid to revenue.

 

[jtk]

Good for you. I did it myself as well, I was the executor and a solicitor was also named. He renounced. Fairly simple small estate.

Here's a good thread on the procedures.

Step by step guide to Acting as Executor

I couldn't find a good, clear guide to taking out probate without a solicitor, so I will compile this as I go along. Suggestions and corrections welcome. This thread applies only Where there is a valid will You are the named executor Please ask posts about any other situation in a new...

www.askaboutmoney.com

(if you find anything in that link is now different you might say so on the thread or on here)

I did hire a solicitor for the conveyance (sale of the property). That would be a nightmare otherwise and it actually was because the title was a mix of land reg and Reg of Deeds. The Land Registry had about 50 questions as at that time they were sorting out titles in Ireland. So due to other circumstances I left the property for a couple of years (family grieving and losing the plot) and then LR was only interested in about 5 questions).

I'd no issue with getting the grant from the probate office, they gave me an appointment and I flew in to deal with that, not Dublin. I needed some docs witnessed and got that done in a solicitors across the road, the solicitor had a chat with me, nice chap and never charged me anything. Probate office, in the court house are very helpful and pretty nice.

thanks for the link, I'll take a look n say if there's anything different.
we're definitely hiring a solicitor for the house sale, we know our limitations, lol
hoping our probate is as straightforward as we think it is

 

[jtk]

as mentioned earlier, cousin has said she won't cause any issues but if we want her to stand down as executor is there an official form or anything she needs to sign or can we just type out one n get her to sign it?

 

[Zobeda]

Superior Court Forms | The Courts Service of Ireland

www.courts.ie

Form No. 18, which you should be able to access from the link above, is the document you would need her to sign and have witnessed by a disinterested party.

Based on your earlier posts I would think you are better off to have her renounce, rather than reserve her right.

A good read through the probate section of www.Courts.ie will help you map out the way forward.

 

[jtk]

Superior Court Forms | The Courts Service of Ireland

www.courts.ie

Form No. 18, which you should be able to access from the link above, is the document you would need her to sign and have witnessed by a disinterested party.

Based on your earlier posts I would think you are better off to have her renounce, rather than reserve her right.

A good read through the probate section of www.Courts.ie will help you map out the way forward.

thank you for that link, so if I just copy & paste the whole of that & fill out the relevant bits, I just need to get the cousin to complete her bit, get it witnessed & give it in when we apply of probate?

in Form no.1 'THE HIGH COURT PROBATE, Add where appropriate, "The District Probate Registry at ....... do I just put in the office'?

 

[Zobeda]

That's my understanding.I didn't have to submit the form I prepared as the estate was very simple and I didn't have to extract a grant of probate to administer it.

Applying for Probate without a Solicitor | The Courts Service of Ireland

www.courts.ie

In case you don't already have the above link it is the official information and guide for personal applicants.

Don't be put off if you sense that the wording is skewed towards discouraging personal applicants. I'll also say that the staff in the Probate Office that I dealt with (Waterford) could not have been more helpful.

 

[Zobeda]

Above you should be able to see a copy of the doc I prepared a few years ago.

You ask about Form no. 1 in your previous post. I don't see from your posts how you would need a Form no. 1.

You mention Wicklow in your earliest post. If that was the county of residence of your late MIL then I think your husband's and SIL's application will have to be made to the main Probate Office in Dublin.

A phonecall to Bray Courthouse or the main Probate Office would confirm.

 

[jtk]

That's my understanding.I didn't have to submit the form I prepared as the estate was very simple and I didn't have to extract a grant of probate to administer it.

Applying for Probate without a Solicitor | The Courts Service of Ireland

www.courts.ie

In case you don't already have the above link it is the official information and guide for personal applicants.

Don't be put off if you sense that the wording is skewed towards discouraging personal applicants. I'll also say that the staff in the Probate Office that I dealt with (Waterford) could not have been more helpful.

thanks for the copy of your form, i thought the link earlier referred to a Form 1 & I wasn't sure what exactly to put there,
the courts link has some very helpful reading, thank you
yes we're in Wicklow, & MIL passed away here.
I rang the main probate office & they said we're in their jurisdiction

 

[ClubMan]

View attachment 7685Above you should be able to see a copy of the doc I prepared a few years ago.

The template is also here in case that helps anyone:

Superior Court Forms | The Courts Service of Ireland

www.courts.ie

 

[jtk]

Superior Court Forms | The Courts Service of Ireland

www.courts.ie

Form No. 18, which you should be able to access from the link above, is the document you would need her to sign and have witnessed by a disinterested party.

Based on your earlier posts I would think you are better off to have her renounce, rather than reserve her right.

A good read through the probate section of www.Courts.ie will help you map out the way forward.

forgive my ignorance, but reading this form it seems to be renouncing probate wherarase I thought it would say something along the lines of 'in the case of XXXX, deceased, I xxxx renounce my duties as executor...'

 

[ClubMan]

forgive my ignorance, but reading this form it seems to be renouncing probate wherarase I thought it would say something along the lines of 'in the case of XXXX, deceased, I xxxx renounce my duties as executor...'

Renunciation of probate

If you have been appointed an executor in a Will and you do not want to act in this role you can use this document to refuse your appointment.

lawonline.clientsecured.com

 

[Zobeda]

forgive my ignorance, but reading this form it seems to be renouncing probate wherarase I thought it would say something along the lines of 'in the case of XXXX, deceased, I xxxx renounce my duties as executor...'

Forms drafted in "legalese" can seem a bit daunting maybe if you're not used to reading them, and the wording dense, but the wording is what is required by the Probate Office.

Every comma has a job.

Ultimately an executor takes up, or extracts, probate.

 

[jtk]

thank you both ClubMan & Zobeda, I think I was reading it too late at night n not in the right context, therefore not understanding it correctly.

 

[Bronte]

thank you both ClubMan & Zobeda, I think I was reading it too late at night n not in the right context, therefore not understanding it correctly.

You're not reading anything wrong, it's designed to confuse. The court staff couldn't be more helpful, just call into them, in any of the courts with a probate section, and tell them what you are trying to do. Do up the documents as best you can and ask them if they are ok.