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Your role as an executor begins upon the death of the person who appointed you. Your main function is to carry out the terms of the Will. You also become the ‘Representative’ of the person who died, called ‘the deceased’, in dealing with the Revenue Commissioners, Social Welfare, Banks, and others.It is a trusted and important role and carries important responsibilities.If you do not wish to act as Executor, you can ‘renounce’ or refuse the role. However, once you decide to take on the role and take steps to act, you cannot then renounce at a later stage.When somebody dies, you may need to take out a “Grant of Probate” to access their assets, such as bank accounts and other property. A Grant of Probate is a document issued by the High Court that is essentially proof that a Will is legally valid.If you need to take out a Grant of Probate – see attached checklist of items that you will need.<h3>Your Duties as Executor</h3><ol><li>Ascertain and Protect all Assets: You must get the details of any assets belonging to the Deceased. Any property will need to be insured and secured. </li><li>Ascertain all liabilities: You must ensure you have a complete list of anything owed by the Deceased. This includes such things as outstanding debts, loans, taxes, etc. </li><li>Ascertain all beneficiaries and obtain their addresses and PPS numbers. </li><li>Obtain letters of clearance from the Revenue Commissioners, the HSE, and the Department of Social Protection. </li><li>Pay the expenses and debts of the estate and obtain tax clearance. The Executor is obliged to pay all outstanding debts of the estate and is responsible for the payment of any taxes. The Executor must distribute the assets to those entitled, once all the debts have been paid.</li><li>Furnish “estate accounts” to certain beneficiaries for all monies received and paid out. </li></ol><h3>Checklist of Items You Will Need</h3><ul><li>Original Death Certificate</li><li>PPS number of the Deceased</li><li>Photo ID for Executors – e.g. copy of passport or driver’s licence</li><li>Proof of address for Executors – e.g. copy of bank statement or utility bill</li><li>Occupation of Executors</li><li>List of Names and addresses / contact details of all Beneficiaries</li></ul><h3>List of Assets</h3><ul><li>Bank account numbers</li><li>Car</li><li>Boat</li><li>Any property or land</li><li>Life insurance or other policies or investments</li><li>Shares</li><li>An Post / Ireland State Savings certs / bonds</li><li>Prize bonds</li><li>Foreign property</li></ul><h3>Property / Land</h3><ul><li>Location of Deeds and Title Documents</li><li>Local Property Tax (property pin and ID)</li><li>Clarify if the property is to be sold</li></ul><h3>Insurance</h3>The Executor has a duty to insure all property.<ul><li>Name of insurance company and policy details</li><li>Notify insurance company of death of owner, whether house is vacant, change of name of policy</li></ul><h3>Income of the Deceased</h3><ul><li>Salary</li><li>Irish State Pension</li><li>Other income</li></ul><h3>Liabilities – Outline</h3><ul><li>Funeral bill</li><li>Funeral lunch / wake / refreshments</li><li>Utility bills outstanding</li><li>Other bills</li><li>Loans / Mortgages</li><li>Clarify whether the funeral bill has been paid</li><li>Clarify whether the deceased was in receipt of Fair Deal / Nursing Home Support</li><li>If so, provide the Client ID / correspondence from the HSE</li></ul>Please note: Once the banks are notified that a person has passed away, they will freeze all sole accounts until the Grant issues. All direct debits will also stop. This does not apply to accounts in joint names with the spouse.The role of an Executor can be quite daunting, and you may wish to engage a solicitor to assist you with this. If you decide to use a solicitor, the solicitor will carry out these duties on your behalf.Jenny Powell is a solicitor with Michael Powell Solicitors in Cork, County CorkDisclaimer: Please note that this article is for general information purposes only and does not purport to be legal advice. While every care has been taken in its production, no legal responsibility or liability is accepted, warranted or implied by the author, publishers or the Law Society of Ireland in respect of any errors, omissions or misstatement. Readers are advised to seek independent professional legal advice before acting on anything in this article.

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You’ve Been Named Executor in a Will: What to Do Next

Losing a spouse or civil partner is one of life’s most painful experiences. Amid the grief, it can be overwhelming to face legal and financial questions — especially when a <a href="https://rip.ie/legal-and-financial-advice/what-should-you-consider-when-making-a-will-257">will</a> has not been made. Understanding what happens next can bring some clarity and help families take the first practical steps with confidence.<h3>When There’s No Will</h3>If someone dies without <a href="https://rip.ie/legal-and-financial-advice/what-happens-if-you-dont-make-a-will-258">making a will,</a> they are said to have died intestate. In these cases, Irish law determines how their estate — including property, money, and possessions — will be distributed.Many people assume that when their spouse dies, everything automatically passes to them. In reality, intestacy law (intestate means dying without a <a href="https://rip.ie/legal-and-financial-advice/why-make-a-will-254">will</a>) follows strict rules. Understanding them early on can prevent confusion or conflict later. For a surviving spouse or civil partner, this provides a level of protection and certainty.Under the Succession Act 1965, if the deceased leaves children, the surviving spouse or civil partner is entitled to two-thirds of the estate, with the remaining one-third divided equally among the children. If there are no children, the surviving spouse or civil partner inherits the entire estate.While these rules provide a clear framework, they don’t always reflect the nuances of individual family circumstances. Joint assets, property ownership, pensions, or blended family situations can make matters more complex and may require tailored legal advice.<h3>The Steps Involved</h3>When there is no will, someone must take responsibility for managing the estate. This person — usually the surviving spouse or civil partner — applies to the Probate Office (or local District Probate Registry) for Letters of Administration. The process involves gathering details of the deceased’s assets and debts, identifying next of kin, preparing a Schedule of Assets and Liabilities for the Revenue Commissioners and the Probate Office, and other documents before submitting them to the Probate Office. An interview may be required for personal applicants. Processing typically takes 3–6 months and costs include Probate Office fees.Solicitors' fees apply if professional help is used. Common challenges include completing forms correctly, confirming entitlements under intestacy law, and securing the bond. Straightforward estates can be handled personally, but complex or disputed cases are best managed by a probate solicitor.Letters of Administration authorise them to gather the deceased’s assets, pay any outstanding debts, and distribute what remains according to the law. The process can take time and may feel daunting, particularly during a period of mourning. A solicitor can help ensure that all documentation is correctly completed and that the estate is administered smoothly and respectfully.Essential documents typically include the death certificate, marriage or civil partnership certificate, and details of all known assets and liabilities.<h3>Support During a Difficult Time</h3>Navigating grief while managing legal affairs is never easy. Professional legal guidance can ease some of the practical burdens, while emotional support from counselling services or community organisations can help with the human side of loss.Services such as Citizens Information and the Irish Hospice Foundation provide practical advice and bereavement supports to those dealing with loss and estate matters.<h3>A Compassionate Approach</h3>Every family’s situation is unique. While Irish law provides a clear structure for what happens when someone dies without a will, compassionate and practical advice ensures that your loved one’s estate is managed with dignity and care.If your spouse or civil partner has recently passed away without a will, speaking with a probate solicitor can help you move forward with confidence and understanding.Disclaimer: Please note that this article is for general information purposes only and does not purport to be legal advice. While every care has been taken in its production, no legal responsibility or liability is accepted warranted or implied by the author, publishers or the Law Society of Ireland in respect of any errors, omissions or misstatement. Readers are advised to seek independent professional legal advice before acting on anything in this article.

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Your Spouse or Civil Partner Has Died Without a Will – What Happens Next?

<h3>Conversations About Grief</h3>Third Age is a national organisation that empowers older people to live full, active, and valued lives in their communities. Through programmes like SeniorLine, Third Age offers support, connection, and a listening ear to older people navigating life’s challenges—including grief. This article explores how we can better support those who are bereaved, especially older people, by understanding what helps and what doesn’t.Death is both everyday and universal, and most of us, as we go through life, have some experience of loss. It is surprising, therefore, that some people who have suffered bereavement speak about the poor response they can encounter from friends, neighbours, and people in general. Why is this? Is there a good way to support those we care about after a death?<h3>Not Knowing What to Say</h3>Some people don’t know how to approach a bereaved person after a death. It can feel as if the survivor has somehow moved to an unreachable, distant place.“I have seen people cross the road to avoid me. I know it’s because they don’t know what to say. But it is hurtful, as if I have changed,” says Marie, who was widowed in 2022.There are many reasons why grief can cause uncomfortable feelings in others and lead them to avoid awkward encounters. It may be that such meetings trigger their own unresolved grief. People may believe they couldn’t handle another’s tears or distress, or they may feel they have to fix or solve the situation somehow—make it better.<h3>Keeping People Company</h3>At a fundamental level, there is often nothing to do about death. It has happened. It just is. In these situations, we can help by offering emotional support: listening, being present, and giving grief and loss the space they deserve.The Third Age programme, SeniorLine, Ireland’s telephone service for older people, hears from callers who may still be grieving months or years after the death of someone close. The caller often needs to talk about the circumstances surrounding the death, the person who died, and life since.SeniorLine volunteers know the value of listening and giving the caller time to talk.“At my age, I have experienced death and I know how people need to talk. I offer empathy rather than sympathy as I try to put myself in their shoes. I ask about the person that died and encourage the caller to talk about him or her if that is what they want. People really appreciate that, as it does not seem always acceptable to continue talking about the person as time goes on. But there is no one right way to grieve, and everyone is different,” says Patsy Buckley, Dublin 16, a SeniorLine volunteer.As a confidential support service, SeniorLine does not assume to know how a bereaved caller feels. Callers may be helpless, fearful, angry, guilty, sad, lonely, and much more. Our response to loss depends on our relationship with the person who has died, the manner of the death, our support system, personal capacity, and any previous losses.<h3>Less Is More</h3>Sometimes, the simplest words are best.“I’m very sorry to hear your mother has died,” accompanied by a handshake or hug, lets the person know you are able to share their grief in that moment and stand with them quietly.“Sorry for your trouble” is a traditional Irish expression to show sympathy and acknowledge someone’s loss. It can express a reaching out without needing a lengthy emotional exchange, allowing sympathy to be offered in a quiet but authentic way.It is important to avoid clichés. Do not try to minimise their loss, offer false reassurance, or assume you know how they feel. Death is both completely familiar and completely mysterious. Responding to the mystery of death may affect us all in a profound way, and operating from that place may help us offer comfort and consolation in a sincere and effective way.<h3>About Third Age and SeniorLine</h3>Third Age is a network of programmes and projects for older people that supports their autonomy and celebrates their contribution in local communities.SeniorLine is open daily from 10am to 10pm. Freefone: 1800 80 45 91 <a href="www.thirdageireland.ie">www.thirdageireland.ie</a>

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Listening Matters: Helping Older People Navigate Loss

It is absolutely natural for parents and caregivers to feel concerned in the months following a death, especially regarding children’s reactions. Parents often wonder what is “normal” and what signs they should look for as they try to protect and <a href="https://rip.ie/grief-and-bereavement-support/helping-a-child-cope-with-sudden-death-guidance-for-parents-and-carers-297">help their children cope</a> with such a life-changing event.<h3>Understanding How Children Grieve</h3>Remember that everyone, including <a href="https://rip.ie/grief-and-bereavement-support/how-children-understand-death-age-appropriate-support-for-grieving-233">children, grieves</a> in their own individual way. There is no blueprint for grief. Children often move in and out of grief: at times they may seem light-hearted and enjoying life, then suddenly feel overwhelmed with sadness.Providing children with structure and routine is essential. This sense of normality helps counterbalance the upheaval caused by the death. Returning to regular bedtimes and mealtimes can ease anxiety, a very common emotion in bereaved children. Anxiety may focus on their own health but more often centers on their parents, especially if one parent has died. It makes sense: if one parent is gone, fear about losing the remaining parent can follow.<a href="https://rip.ie/grief-and-bereavement-support/how-to-talk-to-a-child-about-an-impending-death-expert-advice-234">Children need extra reassurance </a>about what will stay the same as well as what has changed. Bedtime is often when they seek the comfort of a parent’s presence. School also provides stability, so close communication with teachers can be very helpful.<h3>Behavioral Changes After a Death</h3>Consider the huge upheaval a significant death causes for a child. In the immediate aftermath and in the months that follow, some regression to more babyish behavior may occur. A child may need extra reassurance and closeness. Adults change after a death, and while children grieve differently than adults, they do grieve, so their behavior will also change for a time.<h3>Signs That May Require Follow-Up</h3>While most changes are temporary, some behaviors, if persistent several months after the death, may need professional support:<ul><li>A child who, four or five months later, has completely withdrawn from their peer group.</li><li>A complete change in behavior, becoming aggressive or confrontational.</li><li>Significant changes in eating habits or major sleep difficulties.</li><li>An inability to mention or tolerate any conversation about the person who died.</li><li>Disabling anxiety about their own health or someone close to them.</li><li>School refusal.</li></ul>These behaviors occur in only a small percentage of children. With skilled intervention, they can cope. The vast majority of children miss the person who died, but with understanding, affection, support, and clear explanations, they will survive this life-changing event and grow into well-functioning adults.

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