Probate Basics Explained
Probate is a court procedure that formally approves a court will as the last will a deceased made and designates the person to act as the estate executor. As such, probate is the court process that gives an executor the power to act on behalf of a deceased to manage and distribute his/her estate as stipulated in the court will. It takes time to prepare and file a probate application. However, with the help of a probate and wills solicitor Dublin, the probate application can be prepared and filed within days. Once the probate application is filed, allow a few weeks for the grant of probate to be issued if there is no dispute. In case of a dispute, the court may take months to probate the will.
When is probate necessary?
Probate is not always necessary but is mandatory where court approval of vesting of a deceased’s assets in the estate trustee is necessary. It is adopted to validate a will or approve the chosen executor. This is because there may be a dispute over who the executor should be or some of the indicated beneficiaries such as minors may not be in a position to consent on their own. However, most estates that do not involve substantial financial assets or real estate do not require a probate. On the other hand, if estates include real estates that do not vest in the spouse automatically, a probate will is required.
Who carries out probate?
If the deceased had a will, their designated executor or executors are required to implement the will. The executors should share the estate as stipulated in the will and address any estate complications or financial obligations and carry out other final wishes as indicated in the will. However, if only one executor is named in the will, they are legally not mandated to act as executors.
If there is no will or no named executor, a blood relative or someone who would benefit from the estate acts as the estate administrator. In the absence of a will, a deceased’s estates become intestate. As such, they must be distributed as per the strict intestacy rules. This is a situation that requires legal guidance from an experienced probate and wills solicitor Dublin.
Summary: Should you hire a probate and wills solicitor?
Though not necessary, it is advisable to hire a probate and wills solicitor Dublin. This is because dealing with court proceedings and filing the required paperwork can be confusing and complex especially when mourning a loved one. If the actions taken by the estate trustee are closely scrutinized or challenged by a beneficiary, then it is strongly recommended that you seek legal assistance with probate and estate administration. Also, if you are concerned about the actions of an estate trustee, want to challenge a grant of probate, the will or how estate administration is conducted, a probate and wills solicitor Dublin will come in handy.