Executor Walkthrough: Obtaining a Grant of Probate in Northern Ireland

Introduction

Being appointed as an executor of a deceased person’s estate can be a complex and emotional task. This walkthrough provides step-by-step guidance on how to obtain a Grant of Probate in Northern Ireland, a legal document that allows you to administer the deceased’s assets and distribute them according to their will.

Note: This information is intended as a general guide. Legal requirements and procedures may vary, and it’s advisable to consult with a solicitor or legal professional for specific advice related to your situation.

Step 1: Confirm Your Role as Executor

Before proceeding, ensure that you are indeed the named executor in the deceased’s will. If you are not the appointed executor, you may need to consult with the designated executor or seek legal advice.

Step 2: Gather Information

Collect all relevant documents and information, including:

• Death Certificate: Obtain a copy of the death certificate from the General Register Office or your local registrar’s office.
• Original Will: Locate and secure the deceased’s original will, if there is one. If the will is missing, contact the deceased’s solicitor or search their personal records.
• List of Assets and Liabilities: Compile a comprehensive list of the deceased’s assets (property, bank accounts, investments, etc.) and liabilities (debts, mortgages, loans, etc.).

Step 3: Valuation of the Estate

Determine the total value of the deceased’s estate. This may involve obtaining valuations for properties, investments, and other assets. You may also need to deduct any outstanding debts or liabilities.

Step 4: Complete the Oath for Executor/Statement of Truth

For excepted estates (e.g. those that are below £325,000), you’ll need to complete either the Oath for Executor or Statement of Truth for submission to the Probate Office. This form, together with the Probate Summary, provides detailed information about the deceased’s estate for tax purposes. It includes the following:

• Details of the deceased, including their name, address, and date of death.
• Details of the executor(s).
• A list of assets and their values.
• Any deductions, such as debts or funeral expenses.

Step 5: Submit the Inland Revenue Affidavit

Submit the completed Oath for Executor or Statement of Truth, along with the original will and death certificate, to the Probate Office in Northern Ireland.

Step 6: Wait for the Grant of Probate

Once the Probate Office processes your application, they will issue the Grant of Probate. This legal document confirms your authority as the executor to manage the deceased’s estate.

Step 7: Administer the Estate

With the Grant of Probate in hand, you can now:

• Collect and manage the deceased’s assets.
• Pay any outstanding debts and liabilities.
• Distribute the estate in accordance with the will’s instructions.

Step 8: Keep Records

Maintain detailed records of all estate-related transactions, including income, expenses, and distributions. This will help you during the accounting and reporting process.

Step 9: Taxation

If applicable, pay any inheritance tax or other taxes owed on the estate. Seek professional tax advice to ensure compliance.

Step 10: Final Distribution

After settling all debts, taxes, and expenses, distribute the remaining assets to the beneficiaries as outlined in the will.

Conclusion

Obtaining a Grant of Probate in Northern Ireland can be a complex and time-consuming process. It’s important to seek legal guidance, especially if the estate is large or complicated. Being organized, diligent, and following these steps will help you fulfill your duties as an executor and administer the deceased’s estate efficiently and in accordance with the law.