Question:

Dear Elaine,

My mam passed away last month and didn’t leave a Will. My dad died 4 years ago and didn’t leave a Will either. It’s all a bit of a mess. I’m an only child and need to sell the house. I’m not sure where I go from here, what do I need to do and how long will this whole process take?

L.

Answer:

I am sorry to hear of your mother’s passing, it is a really difficult time.

As your mother did not leave a Will she is deemed to have died “intestate”. As the nearest next of kin you will be entitled to extract a Grant of Letters of Administration in respect of your mother’s estate. If matters are straight forward and you are willing to undertake the research and paperwork, you could make a personal application to the Probate Office. If you do not wish to take sole responsibility for completing the documentation and administering the estate, you can appoint a solicitor who would take care of the process for you. The Grant of Letters of Administration, once issued, authorises you to gather the assets of your mother’s estate and to distribute them. Depending on how complex the estate is, the process could take anything from 3- 12 months.

Elaine Corcoran
Corcoran & Company Solicitors