Explaining probate v2

What probate is

When someone dies, everything they owned is called their estate. This includes money, property, possessions, and other assets.

Probate is the legal process for dealing with that estate. It gives someone the legal right to carry out the wishes in the will or, if there’s no will, to distribute the estate according to the law.

Who deals with the estate

The person responsible for managing the estate is called the personal representative.

There are two types of personal representative:

  • Executor – if the person left a will and named someone to manage the estate
  • Administrator – if there’s no will, or the named executor can’t or won’t do it

What the personal representative does

The personal representative must:

  • Work out what the person owned and owed
  • Pay any debts, taxes or expenses
  • Distribute what’s left to the people entitled to inherit

Who inherits the estate depends on whether there is a valid will:

  • If there is a will: the personal representative follows the instructions in it.
  • If there is no will: the law decides who inherits. This is called dying intestate.

When probate is usually needed

You’ll usually need to apply for probate if the person who died:

  • Owned property in their sole name
  • Had bank accounts or other financial assets in their sole name over a certain amount
  • Left assets in Ireland but died abroad

Check with each financial institution to find out what they require.

When probate might not be needed

You may not need to apply for probate if:

  • The person owned everything jointly with their spouse – these assets usually transfer automatically
  • There is a bank account in their sole name but with less than €20,000 – some banks may allow access without probate

You should always check directly with the bank or institution involved, as requirements can vary.

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