Providing Expert Legal Guidance When Selling a Property in Probate
At McCarthy + Co, we understand that it is often a difficult time for those dealing with the administration of a deceased person’s estate. In addition to losing a close relative or friend, you are appointed the daunting task of managing the property sale in probate. Our team strive to make this process as easy and stress-free as possible, with seamless legal support throughout the process.
We assist with:
- Expert Legal Advice – On every aspect of the probate process. We help you navigate through the complexities of estate laws, ensuring full compliance and understanding of your responsibilities and rights, whether as an executor or an administrator.
- Obtaining Legal Authority – Securing the necessary legal authority to sell property in probate is crucial. We assist in obtaining the Grant of Probate or Letters of Administration, a vital step in legitimising the sale process.
- Property Valuation and Sale – Navigating property valuation and sale during probate requires a careful approach. We provide counsel on obtaining fair market value, managing negotiations, and ensuring that all sale terms align with the estate’s best interests.
- Financial Management – Our team meticulously handles the financial aspects, including calculating and settling any outstanding estate debts and taxes. We ensure every financial obligation is met with precision and care.
- Document Handling – From drafting and managing contracts of sale to handling deed transfers, our solicitors ensure all documentation is accurately prepared and legally compliant.
- Beneficiary Communication – We maintain open and transparent communication with all estate beneficiaries, providing regular updates and clarity throughout the sale process.
- Resolving Disputes – Should disputes arise, our solicitors can help you reach amicable resolutions that serve the best interests of all parties involved.
- Distribution of Proceeds – After the sale, we oversee the equitable distribution of proceeds among beneficiaries, in accordance with the will or intestacy laws.
At McCarthy + Co, we are committed to guiding you through the intricacies of probate property sales with expertise and empathy. Simply arrange a consultation using our highly confidential form and a senior member of our conveyancing team will be in touch to discuss the next steps.
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Frequently Asked Questions
Questions we are often asked in relation to buying a property.
What is a Grant of Representation?
A Grant of Representation is an overarching term used in Irish law to describe the legal authority granted to an individual to deal with a deceased person's estate. This authority is necessary to manage and distribute the estate's assets according to the deceased's wishes or the law. There are two main types of Grant of Representation: Grant of Probate and Letters of Administration.
- Grant of Probate – This is issued when the deceased person left a valid will that names one or more executors. The Grant of Probate gives these executors the legal right to administer the estate in line with the provisions of the will. It essentially confirms the executor's authority and the validity of the will.
- Letters of Administration – These are issued in situations where there is no valid will (an intestate estate) or where a will exists, but no executor is named, or the named executors are unable or unwilling to act. Letters of Administration grant authority to an appointed administrator (often a close relative of the deceased) to manage and distribute the estate. If there's a will, this process is guided by the will's intentions as much as possible; if not, the estate is distributed according to the rules of intestacy.
Both these grants are essential for accessing, managing, and distributing the deceased's assets, including closing bank accounts, selling property, and dealing with any inheritance tax obligations. They ensure that the estate is handled legally and appropriately, respecting both the wishes of the deceased and the rights of the beneficiaries.
Is it necessary to hire a solicitor when selling property in probate?
Whilst it’s not usually mandatory, it is advisable to consult with a solicitor, particularly if the estate is complex. The probate process can be complicated, involving legal paperwork, tax implications, and potential disputes among beneficiaries. A solicitor can provide expert guidance, ensure compliance with legal requirements, and help navigate any challenges that arise. This is particularly valuable for estates with significant assets, complicated family situations, or if the executor is unfamiliar with legal procedures. Having a solicitor can streamline the process and protect the interests of the estate and its beneficiaries.
Are there any situations where a solicitor must be appointed?
A solicitor must be appointed if the individual entitled to the Grant of Representation is a ward of court or considered of unsound mind. It's also required if this person is a minor under the age of 18. Challenges to the validity of the will, such as disputes among the next of kin regarding the estate, necessitate the need to hire a solicitor. There are also specific circumstances involving the geographical location and value of the estate that mandate the use of a solicitor. For instance, if a beneficiary (other than the spouse of the deceased) is entitled to an inheritance exceeding €20,000 and resides outside of Ireland, and the potential applicant for the Grant of Representation also lives abroad, a solicitor is required. Similarly, if the deceased lived outside Ireland and left a will in a foreign language, the complexity of the situation calls for a solicitor's involvement. Furthermore, the Probate Office may determine other circumstances where a solicitor's assistance is necessary, based on the unique aspects of each case.
Joseph McCarthy leads the conveynacing department at McCarthy + Co. Joseph has been an integral member of our team since 2013, bringing a unique blend of expertise and dedication to his role. Joseph provides a problem-solving oriented approach to property buyers and sellers throughout the conveyancing process.
Joseph can be contacted via email at: email@example.com
About McCarthy + Co
McCarthy + Co. are a team of solicitors with more than 30 years of experience in providing legal advice, guidance and assistance to clients across Ireland.
We are a family-run business with offices in Dublin and Cork, but we have dealt with clients everywhere from Galway and Limerick to Waterford. We are honest, plain-speaking and thorough – we will work alongside you to ensure your property sale or purchase is as efficient as possible.
Our Awards & Accreditations
We are a multi-award winning firm, accredited by the Law Society of Ireland.