Administration of Estates / Probate

When a loved one dies, it is vital to have a solicitor who is understanding, caring, and yet provides service, which is, at the same time, efficient, and cost-effective.
Direct Law provides such a service.
If you are not an existing client of Direct Law, or if the original Will of the deceased is with another solicitor, that is not a problem. Due to our fee structure, location, and expertise in this area, we administer estates all over the country.

We are happy to agree on a fee in advance, so if you are interested in this service to complete the request below and we shall provide an estimate of costs in advance.

With our many years of specialised experience in the legal area of probate, we give every consideration to this both emotional and stressful time. We will help you with the administering of the deceased person estate & other probate matters. We will guide you with our expert advice and assist you promptly and effectively.

We will advise on all areas covered within the Succession Act 1965. This is the legislation governing probate matters in Ireland.

A grant of probate is issued by the high court’s Probate Office, and this is needed to administer the deceased person’s estate, where the person has died and has left a will.

A grant of administration is issued by the high court’s Probate Office, and this is needed to administer the deceased person’s estate, where the person dies and have NOT left a will.

For a beneficiary to receive their inheritance, the estate needs to be administered. This is done via a grant of probate, which is received via the High court. Following the death of a loved one, we will lodge completed paperwork to the Probate Office in the high court in order to receive the said Grant of Probate. This process will take 12 weeks from the time the solicitor lodges the paperwork. The paperwork is completed with a probate office official, and the current waiting time for this appointment is approximately 25 weeks.

If there is no will, then the Rules of Intestacy will apply.

The rules of Intestacy show the order in which family member’s entitlement applies.

• Spouse and Children/Civil Partner & Children
• Grandchildren
• Great-Grandchildren
• Great-Great Grandchildren
• Parents
• Brothers and Sisters
• Nieces and Nephews
• Grandparents
• Uncles and Aunts
• Great-Grandparents
• First Cousins/Great Uncles & Aunts / Great Nephews and Nieces
• Great-great Grandparents

Estates with a value of €25,000 or under can be administered without the need for a grant of probate/grant of administration. This process is used, generally, when the only assets are with banks accounts with a value of €25,000 or under. In some cases, the financial institution will generally allow for the funds to be released to the executor, but this may vary from institution to institution.

It is good advice to contact then if to see what their procedure is. We can assist in this matter.

Each case is different, so please contact us to discuss your case, and we will be happy to give you an estimate of our costs and a reasonable time frame. Call us now for a quotation on 01 849 4226 or complete our inquiry form on this page.

Several taxes can arise during the administration of an estate, such as:

• Capital Acquisitions Tax (CAT) – This is an inheritance tax that applies to beneficiaries of the estate. Generally, each beneficiary has a tax free allowance (a ‘threshold’) and will be liable for tax on any gifts or inheritances received over this amount.
• Probate Tax – This tax only applies to estates, where the person died between 18/06/1993 and 05/12/2000. Therefore, it is only relevant in very limited circumstances. The tax is payable at a rate of 2%, and certain thresholds will apply to this tax similar to CAT.
• Income Tax – If the deceased made an income during their lifetime, income tax returns would have to be prepared to the date of death and any taxes paid. Similarly, if the estate generated an income after the time of death and before the date of the distribution of the estate, the estate will have to make income tax returns and pay any income tax due. It should be noted that if the only estate assets are bank accounts, Deposit Interest Retention Tax will be deducted from any income from interest on the account and an income tax return will not be required.
• Capital Gains Tax – If there is a non-cash asset in the estate which is sold during the administration and the asset has increased in value from the date of death to date of sale, then a CGT return may be required, and any tax payable must be paid.
• It is important to note that a suitable tax advisor should be appointed to deal with all and any tax returns for the estate.

We have experienced probate & Administration of Estates solicitors and know that loss of a loved one can be an extremely emotional & daunting time. We aim to provide proficiency & understanding for you, every step of the way.

Shane Dowling is the principal solicitor at Direct Law and is a member of the Law Society of Ireland and the Dublin Solicitors Bar Association. In addition to being a Commissioner for Oaths, Shane regularly contributes to FLAC (Free Legal Advice Centre) is also a former president of the Skerries Chamber of Commerce and is still actively involved in the Chamber.