It is not uncommon for complications to occur during the process of probate. This is commonly a process that can have unforeseen twists and turns and can become difficult to navigate.
This is why it is recommended to get the help of a professional when it comes to such proceedings. Although you do have the right to apply for a grant of probate without assistance, it can make the process much smoother.
One way in which probate can become relatively difficult is when someone passes away without leaving a will behind. When this occurs, the deceased is considered to have died ‘intestate’.
If this is a situation where you or your loved ones find yourself in this situation, speak to a member of the Valerie Kearins team today. We are Sligo’s leading probate solicitors.
Valerie Kearins has significant experience in the various complications of probate dealings, so you can have peace of mind knowing you are getting the best assistance.
Table of Content
What are the Rules of Intestacy?
When someone has died ‘intestate’ their estate must still be distributed in an organised and formal manner. This is done through the ‘Rules of Intestacy’.
These rules are designed to provide a fair distribution of the deceased’s assets, given there is no will or indication of the desires of those who have passed.
In order to distribute assets through the Rules of Intestacy, a grant of letters of administration is required.
You can apply for this grant with the help of our solicitors. Simply get in contact today and our team will be happy to advise you on the step-by-step process of applying for a grant of letters of administration.
Who inherits the estate if there is no will?
When a person has died ‘intestate’, with no will, there is no clear and definite answer as to who will inherit their estate. The answer to this question will be in relation to whom the deceased is survived by.
Here is a breakdown on who will receive the estate based on who the deceased is survived by:
Spouse only
If the deceased is only survived by their spouse, their spouse or civil partner will receive the entire estate.
Spouse and children
If the deceased is survived by both a spouse and children, the spouse or civil partner will receive two-thirds of the estate. The remaining third will be distributed evenly among the children.
Parents only
If the deceased is survived by only their parents, the estate will be divided evenly among the two of them. In the case where only one parent survives, they receive the entire estate.
Children only
Should the deceased be survived by their children, the estate will be divided evenly between them.
Siblings only
If the deceased is survived by their siblings, the estate will be divided evenly amongst them. Should siblings have also passed away, their children will have the right to their parents’ share.
Nieces and nephews only
If they are survived by their nieces and nephews only, the estate will be divided evenly amongst them.
Other relatives
If the deceased are survived by none of the above, then the estate is granted to the next closest living relative. The estate is divided if there are relatives of equal relationship.
The level of relationship with the deceased is decided lineally.
No relatives
If the deceased has no surviving relatives, the state receives the estate.
What if the person dies outside of Ireland?
If the deceased passes away outside of Ireland, the Rules of Intestacy still are relevant. However, it is important to note that they will only apply to the distribution of land and buildings of the deceased.
Other assets of the deceased’s estate will be distributed according to the rules of the deceased’s country of domicile. This includes the likes of bank accounts.
Speak to a Probate solicitor today
If you have any queries or concerns regarding the Rules of Intestacy, do not hesitate to reach out for expert advice.
Our team at Valerie Kearins Probate Solicitors are happy to help with all of your probate needs, including proceedings with no will.
Although you can apply for a grant of letters of administration yourself, it is recommended you have an experienced professional to help guide you through the process.
You can contact us today and get started on this process, as well as any queries you may have being answered.
