Affidavit For Transfer Without Probate for Ireland

Affidavit For Transfer Without Probate Template for Ireland

An Affidavit for Transfer Without Probate is a legal document used in Ireland when the value of a deceased person's estate falls below the threshold requiring full probate proceedings. This sworn statement allows for the transfer of assets from a deceased person's estate to rightful beneficiaries through a simplified process. The document, governed by Irish succession law, particularly the Succession Act 1965 and relevant banking regulations, contains detailed information about the deceased, their assets, and the proposed distribution, along with declarations regarding tax compliance and estate valuation. It serves as a cost-effective and efficient alternative to full probate proceedings for smaller estates.

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What is a Affidavit For Transfer Without Probate?

The Affidavit For Transfer Without Probate is a crucial document in Irish estate administration, specifically designed for situations where the deceased's estate value falls below the threshold requiring full probate proceedings (typically small estates). This document becomes relevant when beneficiaries need to access or transfer assets from the deceased's estate without going through the more complex and costly full probate process. It includes sworn statements about the deceased's assets, beneficiaries, and tax compliance, and is particularly useful for straightforward cases involving bank accounts, small investment portfolios, or personal property. The affidavit must comply with Irish succession law, banking regulations, and tax requirements, providing a streamlined alternative to full probate while maintaining legal validity for asset transfers.

What sections should be included in a Affidavit For Transfer Without Probate?

1. Title and Court Details: Specifies the court jurisdiction and type of affidavit

2. Deponent Details: Full name, address, and occupation of the person making the affidavit

3. Deceased Person Details: Full name, last address, occupation, date of death, and place of death of the deceased

4. Relationship Declaration: Deponent's relationship to the deceased and basis for handling the estate

5. Estate Value Declaration: Statement of the total value of the estate and confirmation it falls below probate threshold

6. Asset Details: Comprehensive list of all assets owned by the deceased at time of death

7. Beneficiary Information: Details of who is entitled to receive the assets

8. Tax Compliance Statement: Declaration regarding tax obligations and compliance

9. Truth Declaration: Standard affirmation of the truth of the statements made

10. Signature and Attestation: Formal signing section with commissioner for oaths or notary public verification

What sections are optional to include in a Affidavit For Transfer Without Probate?

1. Will Statement: Include when deceased left a will, describing its status and contents

2. Intestacy Declaration: Include when deceased died without a will, explaining succession rights

3. Multiple Beneficiary Agreement: Include when there are multiple beneficiaries who have agreed to the transfer arrangement

4. Foreign Assets Declaration: Include when deceased owned assets in other jurisdictions

5. Debt Declaration: Include when there are outstanding debts to be addressed

6. Previous Marriage Declaration: Include when relevant to succession rights

7. Children's Declaration: Include when there are minor children or when children's rights need to be addressed

What schedules should be included in a Affidavit For Transfer Without Probate?

1. Schedule A - Asset Inventory: Detailed listing of all assets including account numbers, locations, and values

2. Schedule B - Death Certificate: Certified copy of the death certificate

3. Schedule C - Supporting Documents: Copies of relevant bank statements, property deeds, share certificates etc.

4. Schedule D - Tax Clearance: Revenue commissioners' documentation if required

5. Schedule E - Will Copy: Copy of will if applicable

6. Schedule F - Consent Forms: Signed consents from other potential beneficiaries if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Banking and Financial Services

Estate Administration

Notary Services

Public Administration

Insurance

Property Management

Wealth Management

Professional Services

Financial Advisory

Relevant Teams

Legal

Probate Administration

Wealth Management

Private Client Services

Estate Planning

Financial Advisory

Compliance

Document Processing

Client Relations

Risk Management

Relevant Roles

Legal Executive

Probate Specialist

Estate Administrator

Bank Manager

Financial Advisor

Notary Public

Commissioner for Oaths

Trust Officer

Wealth Manager

Legal Secretary

Probate Clerk

Estate Planning Attorney

Banking Compliance Officer

Private Client Lawyer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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