Property Matters Arising from Probate and Estates
Property frequently forms a significant part of a deceased person’s estate. Houses, apartments, land and other property may need to be sold, transferred to beneficiaries or otherwise dealt with as part of the administration of the estate.
We advise executors, administrators and beneficiaries on the legal issues involved in dealing with property following a death.
As our firm advises on both wills and probate and conveyancing, we can deal with the administration of the estate and the related property transaction, providing a coordinated service from the initial probate application through to the eventual sale or transfer of the property.
Selling a property following a death
An executor or administrator may need to sell a house or other property as part of administering an estate. This may be necessary to pay liabilities, distribute the estate between beneficiaries or simply because the beneficiaries have decided that the property should be sold.
The legal process differs in some respects from an ordinary property sale because the person dealing with the property must have the appropriate legal authority to do so.
We can prepare the property for sale, deal with the title and contract documentation and advise on the probate requirements affecting the transaction.
Can an estate property be put on the market before probate is granted?
It may be possible to put a property on the market and agree a sale while an application for a Grant of Probate or Letters of Administration is being dealt with.
However, the estate’s ability to complete the sale will depend on the appropriate grant being available. The timing of the probate application and conveyancing transaction therefore needs to be considered carefully.
Where we are dealing with both the probate and the property sale, we can coordinate the two processes and identify at an early stage any issues which might delay completion.
Transferring property to a beneficiary
A property does not always need to be sold. Under a will, a particular property may have been left to a beneficiary, or the beneficiaries may agree that property forming part of the estate should be transferred to one or more of them as part of the distribution of the estate.
We can prepare the documentation required to give effect to the transfer and deal with the registration of the beneficiary’s ownership with Tailte Éireann.
The tax consequences of a transfer or inheritance will depend on the circumstances, and any relevant tax issues should be considered as part of the administration of the estate.
Title and other property issues
Before an estate property can be sold or transferred, issues relating to its title or other legal documentation may need to be addressed.
Where difficulties arise, we can investigate the title, advise the executors or administrators on the steps required and deal with the necessary conveyancing work so that the property can ultimately be sold or transferred.
Probate and conveyancing solicitors
Dealing with a property following a death can involve both probate and conveyancing issues. Having the two aspects dealt with together can make the administration of the estate more straightforward and reduce unnecessary duplication.
If you are an executor, administrator or beneficiary dealing with a house, land or other property in an estate, O’Connor & Bergin Solicitors can advise on the probate process and the related sale or transfer of the property.