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What is a Grant of Probate and is it Always Necessary?

Simple Probate

1 min read

Feb 28

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Introduction

A Grant of Probate is a legal document issued to confirm the validity of a will and give the executor the authority to manage the deceased person's estate.



Is It Always Necessary?

If a person owns property or land in their name alone and they pass away, obtaining a Grant of Probate is necessary in Ireland. This allows for the proper handling of the estate, including selling or transferring the assets to the rightful beneficiaries.


In some cases, probate may not be required, such as when assets are jointly owned with a spouse or held in a joint bank account. Additionally, for smaller estates, where the value of assets is below a certain threshold (often around €25,000), probate may not be needed. In such instances, the assets can be transferred to the next of kin through a simplified process, provided an indemnity is provided.


Conclusion

In most cases, obtaining a grant of probate is necessary as the deceased is likely to have various assets that altogether exceed €25,000. It is crucial to thoroughly review the entire estate and ensure that no potential assets are overlooked. If you are uncertain or have any concerns, it is advisable to seek the assistance of a solicitor who can guide you through the process.



Disclaimer: Please note that the information provided in this article is for general informational purposes only and should not be construed as legal advice. It is always recommended to consult with a qualified legal professional for advice tailored to your specific situation. No liability whatsoever is accepted by Simple Probate from any action taken in reliance of the information contained on this website.


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