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Probate for Mother's Estate

My mother died last year and I have agreed with my 2 brothers that I will buy out their shares in the house. Do I need Probate?

I intend buying out my brothers of their share in my late mother’s house which was left to the 3 of us in her will. She died over a year ago and so far we haven’t gone to a solicitor. What is the situation with probate? Thanks. E., Co.Clare. 

Hi E.,

The Executor(s) named in your mother's Will must extract a Grant of Probate from the Probate Office in Dublin or, Eric in your case as you live in Clare through the County Registrar’s Office in Ennis. Probate is necessary because when your mother died your two brothers and yourselves received an “equitable estate” in your mother’s property – that is a beneficial ownership with an entitlement to be registered as legal owner. But the law requires the Executor to extract Probate in order for your mother’s wishes to be completed.

The Executor can ask his/her solicitor to extract the Probate or he/she can do it themselves. Given that there is a house involved and there may be Inheritance Taxes payable it’s best at least to give a quote on the winding up/probate process.

After Probate is extracted, the solicitor will draw up the necessary deed that will vest the full legal title in your name.

 

 

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The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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