Extracting a Grant of Probate in Ireland for deceased abroad
– in cases of foreign jurisdiction domiciled deceased/beneficiaries where there are Irish jurisdiction held assets.
This guide covers the necessity of obtaining grant of probate in Ireland for assets held here notwithstanding the disponer’s nationality or domicile upon death is elsewhere* and/or where the substantive probate may occur in another jurisdiction with another lawyer.
- You are a beneficary and/or relative who is managing the legal affairs of a recently deceased person (who may have been living in the USA, UK or indeed anywhere else in the world) who has assets e.g. stocks/shares, pension funds, life insurance policys, property or bank asset deposits etc which are domiciled in Ireland.
- You are an executor or lawyer managing a will in a different jursdiction who requires an Irish grant of probate on behalf of the beneficiary/client.
*For guide to the normal Irish resident domicile deceased probate process please visit >> 10 Steps to Extracting a Grant of Probate in Ireland
Why is it necessary to get an Irish grant of probate?
e.g. when “my own (UK, US…wherever) lawyer has already sorted out the probate for the deceased’s other assets”?.
An Irish grant of probate is necessary where the Irish assets (be it property, shares or monies held in accounts) of the deceased person is valued at the date of death of being €20,000.00 or more, despite a grant of probate being extracted in another jurisdiction.
Why do I need an Irish solicitor? Can I get my own lawyer to do it?
You will only need to instruct a solicitor in Ireland if the value of the Irish held assets are at the date of death valued at €20,000.00 or more.
Can I even sort it out myself without a solicitor?
Yes, if the value of the assets are below €20,000.00, you will need the deceased’s death certificate and in certain circumstances a copy of their last will and testament, if one was made.
Does it matter whether the deceased has Irish citizenship or has ever even lived in Ireland?
No, the deceased person, does not need to have had Irish Citizenship or have ever lived in Ireland – a deceased may hold shares in a company that has its registered address based in Ireland for example. An increasing number of clients whose families moved abroad some years ago, kept Irish assets – but in order other to administer the deceased estate an Irish Grant of Probate is required.
Who is entitled to seek the Irish grant of probate?
The executor of the deceased will or if there is no will then the legal representative of the deceased estate can instruct an Irish solicitor to obtain the grant of probate, should a solicitor be needed. The lawyer or equivalent who has obtained the grant of probate in the deceased domiciled country can also instruct an Irish solicitor upon the instructions of their client.
What proof/documents are required to get these assets released?
- Proof of identity and address of the person instructing
- The deceased death certificate
- Copy of the grant of probate from the jurisdiction of where the deceased was domiciled.
- The last will and testament of the deceased.
- Reg 1 form for the Department of Social Protection and third party consent form and personal details of the beneficiaries
- A list of previous gifts or inheritances of the beneficiaries
- An accountant may need to certify that tax is or is not owing to Irish Revenue before the monies are released.
Do I have to travel to Ireland to get this sorted?
No, there is no need for clients to travel to Ireland – communication on the application process stages is provided throughout.
What does the process involve and what work is the Irish solicitor required to do?
Even for the most straightforward assignments (where relevant instructions/documentation is readily provided etc) the legal administration of extraction of probate involves a number of tasks to be done by an Irish solicitor including;
Revenue Commissioner’s forms and applications for a grant of probate/administration
- Completion and review the schedule of assets (Revenue form CA24).
- Completion of probate/administration forms.
- Obtaining of an insurance bond, if required.
- Arranging for all the documents to be signed, and sworn where necessary.
- Lodging all the documents in the Probate Office.
Issuance of grant of probate/administration from the Probate Office
- Answering any queries raised by the Probate Office.
- Receiving and reviewing grant.
- Ordering official copies of the grant, as necessary.
Is there a different process for property assets, shares and/or liquid cash assets?
No, all assets must be included in the paperwork when extracting the Grant of Probate.
How long does the process usually take?
We have streamlined processes to effect all legal probate transactions efficiently. You will also be advised of what documents you may need to furnish us with to enable optimal turnaround. In straightforward cases the process to transaction to client should be effected within a matter of few weeks.
What is the typical fee structure charged by an Irish solicitor (e.g. is it a percentage of the amount)?
You will be provided with an upfront estimate of costs for your individual case and you will not be charged a percentage of the funds amount at issue, if the deceased was domiciled abroad. The fee is generally based on the complexity (and/or ease of documentable knowldege/proof) of the deceased estate assets domiciled in Ireland.
How do I receive the funds?
If the deceased’s estate is liquid, then upon the certification from an accountant that no tax liability arises, the monies are released to the beneficiaries immediately.
If the estate comprises of shares and property for example then we can assist in the process of selling these assets.
**CONTACT PROBATE SOLICITOR HERE
Use the enquiry form or phone contact details below and we will revert within one working day.