Probate and Estate Administration

When a person dies, someone has to deal with the estate. Often this person is a close relative or friend. We appreciate that the process of dealing with the estate of a loved relative or friend can be difficult and distressing and we believe that we can help make the experience less stressful by offering a prompt and efficient service.  We approach each individual situation with care and consideration and aim to make the process run as smoothly as possible whatever the circumstances

If you are an Executor of a Will — you have been appointed as a Personal Representative to handle someone’s affairs after their death — you are likely to need expert help. Our specialist lawyers provide a compassionate and efficient probate service, making the experience as stress-free as possible

How an estate is dealt with depends on whether the deceased left a valid Will. If a Will is in place and you have been named as the executor, we can help you apply for a Grant of Probate from court. A Grant of Probate is the document issued by the Probate Court, which says that a Will is valid and confirms the appointment of the Executor. The grant of probate confirms that you have the authority to deal with the deceased’s estate so that you can deal with finances and distribute any assets left in the deceased’s will

If there is no Will, or if the named Executor does not wish to act, an Administrator is someone who is appointed by law to settle an estate. Where there is no valid Will (known as dying intestate) the process is more complicated. The law dictates who has the legal right to administer the estate. This person (or persons) will need to apply for a Grant of Letters of Administration, the official document required to administer the estate. We can assist you with this application

The Executor or the Administrator of an Estate are called the Personal Representatives and they are responsible for the Administration of the Estate

The Personal Representatives have four main duties which are:

  • Ascertain the value of the deceased’s estate
  • Obtaining the Grant of Probate (or Grant of Letters of Administration if there is no Will)
  • To pay any inheritance due
  • To distribute the balance of the estate to those who are entitled (the beneficiaries)

At McEntee & O’Doherty our solicitors will work with Personal Representatives to deal with the administration of the estate in a sensitive and yet efficient manner and to remove some of the burden. You can pass all aspects of the administration of the estate to us to deal with and we can assist you whether the estate is straightforward or more complicated. We have a consistent track record of dealing with complex estate administrations. We offer a full estate administration service as well as bespoke services. We will be able to explain the terms of the will and the duties of Executors and Administrators, including the following:

  • Where there is no Will explaining how the law states who gets what
  • Advising how the Will may be altered and the implications
  • Ascertaining the value of the estate
  • Preparing Inland Revenue accounts for any tax that is payable
  • Assisting in securing payment from the estate to cover funeral and other expenses
  • Ascertaining who is entitled to the estate
  • Obtaining the Grant of Probate and collecting assets
  • Preparing complex affidavits for grant of probate applications
  • Advising on whether Inheritance Tax is payable and the exemptions and relief’s that apply
  • Advising on steps that maybe taken after death to reduce Inheritance Tax
  • Calculating and attending to payment of inheritance tax where applicable
  • Negotiating the inheritance Tax position with Revenue
  • Dealing with the Tax returns required during the period that the estate is being administered
  • Preparing full estate accounts for the executors and beneficiaries
  • Placing statutory advertisements
  • Advising on trusts arising in wills
  • Setting up any trusts that may arise from the Will
  • Dealing with disputed Wills and claims against the estate.
  • Attending to Assents of property
  • Sales or transfers of assets
  • Advising on Inheritance Claims and Probate Disputes

We offer a comprehensive Estate Administration service which assumes the burden of the entire administration process from beginning to end, calling upon a wealth of expertise gained as a leading team in this area over many years

McEntee & O’Doherty Solicitors - Serving our clients for generations

We have been serving our clients for over 50 years. Offering expert legal guidance for individual clients, we are also the law firm of choice for many business and corporate clients

To arrange a consultation about our Probate and Estate Administration Services, call us today on +353 (0) 47 82088 or make an appointment through our Bookings Page.

For the convenience of our clients who cannot travel, home and hospital visits are available upon request

Experience Commitment Results — Nothing Less

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. You should seek competent legal advice on your particular concern

© 2024 McEntee & O'Doherty
  • 20 North Road Monaghan Co Monaghan H18 V584
  • Phone: +353 (0) 47 82088
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