What is Probate and how it works

What is Probate and how it works

When discussing property law, the term probate is often used. However, outside of solicitors, many people don't understand what the term probate actually means. Therefore, our probate solicitors will discuss probate and how this law works in Ireland.


What is Probate?


In Ireland, probate is the legal process that gives a person – or a group of people – the legal authority to deal with a deceased person's estate. A person can apply for this authority but making an application to the probate office or the district probate registry. However, in complex probate cases, we highly recommend hiring one of our dedicated probate solicitors.


Details Regarding Probate


This legal process is sometimes required after a person passes away. The application process involves getting a Grant of Representation document from a local probate office. Once probate is issued, the applicant can access and distribute the deceased estate. If there is a "Will", then probate is also designed to prove the will.
Probate is a legal process to protect the beneficiaries of the deceased estate. Generally speaking, probate allows the courts to access the will's validity and ensure the correct person administers the estate.


Is Probate Required if There is a Will?


One of the more common myths surrounding probate is that it is not required if the deceased left a will. This is a misconception. Probate must be activated even if the deceased left a valid will. While it's true that probate is started to prove the validity of a will, it is also concerned with enshrining an individual's authority to administer the deceased's estate.


Are There Instances when Probate is not Required?


Yes, probate is not required in cases where there is a relatively small estate. As a rule of thumb, if the estate's total value is below €25,000, then probate will not be required. However, to ensure this, checking with the financial institution or the bank holding the deceased assists first is best.

Please contact our offices today if you have any more questions regarding probate or would like to speak to a dedicated probate solicitor in Cork.


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