Probate

About Probate

In Ireland, applying for probate is the process of legally validating a deceased person’s will and administering their estate.

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Here is a general do-it-yourself guide on how to apply for probate in Ireland :

1. Determine If Probate Is Necessary
  • Small Estates: If the estate is small, a Grant of Administration may not be required. Instead, a small estate affidavit may suffice for banks or institutions to release the deceased’s assets.
  • Larger Estates: If the estate is more complex, with property, bank accounts, or debts, you will need to apply for a Grant of Probate (if there is a will) or Grant of Administration (if there is no will).
2. Obtain the Death Certificate
You will need the original death certificate of the deceased person to begin the probate process. This can be obtained from the General Register Office.
3. Locate the Will (If Applicable)
If there’s a will, you will need to find the original. The will may be kept by the deceased’s solicitor, in a safe, or with a financial institution.
4. Prepare the Probate Application
You will need to fill out a number of forms:
  • Application for Grant of Probate (Form 2): If the deceased had a will.
  • Application for Grant of Administration (Form 5): If there is no will.
  • Oath: The executor (or administrator) must swear an oath before a Commissioner for Oaths or a solicitor to confirm the accuracy of the documents submitted.
5. Inventory of the Estate
You must compile a detailed list of the deceased’s assets and liabilities. This includes:
  • Assets: Property, bank accounts, shares, insurance policies, pensions, etc.
  • Liabilities: Outstanding debts, loans, bills, etc.
You’ll need to estimate the value of these assets and may require professional help (e.g., an accountant or surveyor for property valuation).
6. Submit the Application
  • Submit to the Probate Office: The application is submitted to the Probate Office in Dublin or to the local District Probate
You will need to provide:
  • The original will (if applicable).
  • The death certificate.
  • Completed forms.
  • A schedule of assets and liabilities.
  • The oath sworn by the executor or administrator.
Fees: There is a probate fee, which depends on the value of the estate.
7. Grant of Probate
If everything is in order, the Probate Office will issue the Grant of Probate. This document legally confirms the authority of the executor to administer the deceased’s estate.
8. Administer the Estate
Once you have received the Grant of Probate, you can start distributing the assets according to the will, paying off any debts, and finalizing the estate.
Important Notes:
  • Executor: The executor is the person named in the will to administer the estate. If no will exists, the next of kin can apply to act as an administrator.
  • If No Will Exists: If there’s no valid will, the deceased’s estate will be distributed according to the laws of intestacy (Irish law on inheritance without a will).
How Long Does It Take?
The probate process can take anywhere from several months to over a year, depending on the complexity of the estate and any complications such as disputes or the need for professional valuations.

ONLINE RESOURCES

Substantial and clear advice is available from Courts Service website at services.courts.ie/taking-action/probate
The commercial website probate.ie also offers an online service to guide you through the probate process for a fee.
Legal fees