When a person dies and leaves a will it outlines their assets and how they want them to be divided and appoints an executor to take out the Grant of Probate. The Executor is in charge of making sure the wishes contained in the will are carried out. It is their job to obtain a Grant of Probate, gather the assets of the deceased, pay any debts, funeral expenses and distribute the estate to those entitled as set out in the will.
Types of Grants issued by the Probate Office
1. Grant of Probate
A person applies for a Grant of Probate where a will has been made and an Executor has been appointed. The Executor administers the Estate in accordance with the will.
2. Grant of Administration
A Grant of Administration is applied for when someone dies without having made a will. In this case the person who will handle the deceased’s estate is called the administrator. The person who is entitled to extract the Grant of Administration is decided on the date of death of the deceased. Under Irish law, the nearest blood relative of the deceased on the date of death is the person entitled to extract the Grant. The rules of intestacy will decide what next of kin will inherit and what shares they will receive.
3. Grant of Administration with Will Annexed
A Grant of Administration with Will Annexed is issued in cases where: –
The appointed executor renounces their right to administer the estate.
There is a will but no executor is named.
The executor refuses to apply for a Grant
The Executor has been appointed but dies before the deceased or before they can apply for the Grant of Probate.
The Executor is living abroad and is not going to travel to apply.
The Executor is a minor, or a person of unsound mind, or is disabled and does not have the capacity to administer the will.
If There is No Will/Rules of Intestacy Apply
If there is no will the rules of intestacy will determine who is entitled to inherit and generally provide which next of kin will inherit. The person entitled to inherit from the deceased will also be entitled to apply for the Grant of Administration Intestate from the Probate Office.
Rules of Intestacy provide the order in which family members are entitled to inherit
where there is no will. The order is as follows: –
The Small Estates Procedure
This procedure allows estates with a value under €25,000.00 to be administered without the need for a Grant of Probate/Grant of Administration.