The Extraction of the Grant of Probate or Administration is merely the commencement of the administration phase of a deceased's estate. 

Property may need to be sold and the net proceeds of same transferred to the Estate.

The Probate or a Court certified copy will have to be sent to the various financial institutions for noting prior to distribution of funds.  Some take longer than others to process the Grant.  It can be a good idea to take up a few court certified copied of the Grant to speed things up in an Estate with numerous assets.

Please bear in mind that each situation is unique and the answers to these questions are illustrative only.  You should take legal advice in every situation and should not rely on the anwers as set out above.

Your family solicitor cannot help you in this matter if they are acting in the administration of the Estate.  The basic premise of Probate Law is freedom of testation, in other words the executor carries out the wishes of the deceased unless the Court directs otherwise. The solicitor would in fact be negligent if they advised you to pursue an action here as their first responsibility is to the Estate.

There are two possibilities here:

 1.Your  

This type of will is common enough in the case of a family farm or business.  Often the husband and wife will have discussed this and agreed but as time moves on relations with the benefitting child and perhaps their spouse might make the arrangement difficult. The minimum a surviving spouse should seek is an exclusive right of residence in the property so that at least their home is within their control.

In Irish law as a spouse you have an entitlement called a Legal rights share under the Succession Act to one third of your spouses assets and to appropriate the family home in satisfaction of this share. This is subject to certain provisos such as for example whether the property forms part of the business or farm building.

The executor dealing with the will has an obligation to advise you of your rights.  You should always seek separate counsel in relation to your rights if you have a concern.  The solicitor for the Estate cannot advise you fully as he may have a conflict of interest.

Please bear in mind that each situation is unique and the answers to these questions are illustrative only.  You should take legal advice in every situation and should not rely on the anwers as set out above.

This will depend on how quickly the information in relation to a person's Estate is gathered.  Some deceased persons have few assets or excellent records kept and this assists greatly.  Others will have many assets and it can take a long time to gather all the information togather.  Generally once all the information is available and the Inland Revenue Affadavit is ready to be filed it should take about 16 weeks after that.

However where there are overseas beneficiaries etc this can take a lot longer as pps numbers will have to be applied for and this all adds to the length of time.

Please bear in mind that each situation is unique and the answers to these questions are illustrative only.  You should take legal advice in every situation and should not rely on the anwers as set out above.