Lynch Solicitors - Personal Injuries & Equity Litigation, Medical Negligence, Bankruptcy,  Property and Estates  & Divorce and Family Law

Call Us: +353 52 6124344 | Email: [email protected]
  • Home
  • Our Team
  • Practice Areas
    • Personal Injury & Litigation
      • DePuy Hip Implant
      • Road Traffic Accidents
      • Accidents at Work
      • Acident on Roads & Footpaths
      • Mental Illness & Claims
      • Repetitive Strain Injuries
      • Pessonal Injuries Board
      • Time Limits to Claim
    • Medical Negligence
      • A Guide to Medical Negligence
      • A Guide to Professional Negligence
      • Do I have a Case
      • Tips on Medical Negligence Cases
      • Medical Negligence – Narcolepsy
      • Time Limits to Claim
      • Solicitors in Medical Negligence
    • Divorce & Family Issues
      • Divorce
      • Breakdowns – the Options
      • How Assets are Dealt with
      • How Maintenance is assessed
      • Prenup & Co-habit Agreements
      • Mediation
      • Civil Partnerships
    • Property Services
      • Tips for First Time Buyers
      • Rights Of Way Explained
      • How to own Property with another
      • Tips on Selling a Property
      • Tips on Business Leases
      • Tips on Renting
    • Wills, Succession & Estates
      • How a Will works
      • Why to make a Will
      • Executors, Guardians , Trustees & Attorneys
      • Enduring Powers of Attorney
      • Fair Deal Scheme
      • Bereavement - the Legal Process
      • Rights of Spouses and Children
  • News & Blogs
  • Publications
  • Contact Us
  • Terms & Conditions
    • Our Fees
    • Privacy Statement
    • Cookie Policy
CALL USSEND US YOUR QUERY
  • Home
  • Blog
  • Wills, Succession & Estates
  • Dealing in an Estate: How to manage the estate of someone who has died
22/03/2023
John Lynch
Friday, 27 May 2016 / Published in Wills, Succession & Estates

Dealing in an Estate: How to manage the estate of someone who has died

The death of a loved one is a traumatic time and having to manage the estate they left behind can be a major additional stress.

Many solicitors however are well practiced at dealing with these issues and can advise about making the process as stress free  as possible.

Whose responsibility is it to manage the estate of the deceased?

The person on whom the responsibility falls is called the personal representative of the deceased.

If a valid will exists then this person is usually named and is given the title of Executor. However, if no able person is named or no will exists, letters of administration can be applied for. The personal representative in this scenario is given the title of administrator.

While letters of administration require some extra work and extra expenses in terms of insurance, the role of administrator and executor create similar obligations.

It is worth noting that a personal representative can renounce or reserve their entitlement to manage a deceased’s estate. Thus, they cannot be forced to take on this role and can refuse to take on the burden.

It is therefore typically a good idea to discuss with the person you intend to name in your will as executor as to whether or not they are willing to perform the role.

[soundcloud id=’265675268′]

What should a personal representative do?

A person cannot simply produce a will and declare their right to property based on its content. The personal representative (and there may be multiple personal representatives) is the only one entitled to disperse the assets in the estate of the deceased. With this power comes a number of responsibilities.

The first is an extremely pragmatic one, namely arranging the funeral of the deceased.

Secondly, the formal authority to manage the estate must be applied for. Applications can be sent to the Dublin Central Office or a local regional centre.

Tipperary’s regional centre closed in 2012 and this has meant a lengthening of this stage of the process as the central office deals with upwards of 20,000 applications a year with only two officers authorised to approve complex applications.

However, good news is on the horizon with the imminent re-opening of the Clonmel probate office after considerable pressure from the Tipperary Solicitors Bar Association to do so.

Holding the purse strings

Once the authority to manage the estate has been granted, the personal representative is then charged with collecting in all the assets in the estate, paying the debts due (such as revenue) and then dispensing the estate to the beneficiaries as determined by law (and the will if a valid one exists).

Legal challenges

Disputes over what a person is entitled to from a deceased’s estate are common and can range from disputes over the exact interpretation of a sentence in a will to claims of legitimate expectation of some property that they would otherwise not be entitled to under the will or the rules of intestacy (used to manage an estate where no valid will exists).


For advice about how to handle such challenges and manage the estate of a deceased in general or if you wish to discuss any other legal area please contact [email protected] or telephone 052-6124344.

The material contained in this blog is provided for general information purposes only and does not amount to legal or other professional advice. While every care has been taken in the preparation of the information, we advise you to seek specific advice from us about any legal decision or course of action.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Pages

  • Blog
  • Blog Categories
  • Contact Us
  • Divorce
  • Divorce Google Form Contact Form
  • Home
  • Our Fees
  • Our Team
    • Catherine McGrath
    • Emma Greene
    • Gabriele Plek
    • Gillian O’ Mahony
    • John M. Lynch
    • Roisín Kelly
    • Susanna Manton
  • Practice Areas
    • Arbitration
    • Mediation
    • Medical Negligence
    • Other Areas
    • Personal Injury and Accident
      • Accidents at Work
      • DePuy ASR Hip Implant Recall
      • Medical Negligence – A Quick Guide
      • Occupational Asthma
      • Repetitive Strain Injury
      • Road Traffic Accidents
      • The Injuries Board – PIAB Process
      • Time Limits
    • Property Services
      • Co-ownership Agreements
      • Commercial Tenancies
      • Private Residential Tenancies
      • Tips for First Time Buyers
      • Transfer of Assets
    • Separation, Divorce & Relationship Issues
      • Civil Partnerships
      • Maintenance
      • Marriage Breakdowns – Your Options
      • Prenuptial and Cohabitation Agreements
    • Wills,Succession & Estates
      • Bereavement Legal Issues
      • Enduring Power of Attorney – Preparing for the Future
      • Fair Deal Scheme
      • Spouses and Children: Know Your Inheritance Rights
      • Wills
  • Publications
  • Videos

WHAT ARE WE ABOUT

We strive to give a voice to you as an Individual. We offer client focused service and cutting edge process and technology through ongoing research. We represent the Individual as opposed to the large Organisation. We look after you in your dealings with the Establishment or, what might be called , the Institutional forces in society.

CONTACT US

+353 (52) 6124344

Office Address: Jervis House, Parnell Street, Clonmel, Co. Tipperary, Ireland.
Email: [email protected]

GOT A QUESTION - CONTACT US
  • Home
  • Our Team
  • Practice Areas
  • News & Blogs
  • Publications
  • Contact Us
  • Terms & Conditions

© 2017 | All rights reserved | Lynch Solicitors

TOP });