This is the procedure for proving a person’s will as the true and last will. A document known as a Statement of Affairs SA2 giving full details of the deceased, the assets and liabilities and the beneficiaries must be filed with Revenue. Once that is completed and acknowledged, various other documents have to be prepared and lodged with the Probate Office. When these documents have been examined and queries dealt with, a Grant of Probate is issued by the Probate Officer. This document enables the acting executor/s to administer the estate and to deal with all of the assets as required.
Probate is required in order to take control of the assets of a deceased person. In some instances, if there are no houses/apartments/lands owned by the deceased, it may not be necessary to take out Probate if the cash assets are under a particular amount. In all cases where there is a property to be sold, Probate is required.
The executor/s take charge of the administration of the estate, taking out Probate and distributing to those entitled under the will.
If there is no will, an application is made to the Probate Office for a Grant of Administration. This application can be made by the next of kin in the following order - Spouse or civil partner, Child, Parent Brother or sister, more distant relative. An Administrator may also be appointed if there is a will, but no executor is named or the executor has died or the named person cannot act as executor due to illness, incapacity or is unwilling to act.
The first steps in any Probate application involve the executor or administrator compiling the information and documentation required to prepare the application. Once all information and documentation are available, we prepare and file online the Statement of Affairs SA2 required by Revenue. The other documents required for the Probate application can then be finalised. Once filed in the Probate Office, the application will take a minimum 6 weeks to be processed, although some cases can take a lot longer.
In the first instance, please contact us and we will guide you through the documentation and information we require.