Probate Applications | The Courts Service of Ireland (2022)

Grants Of Probate - Documents Required

Document which must be lodged in ALL casesWhen neededExceptions (where there may be an alternative to lodging the document)Why is this required?
Notice of ApplicationIn all casesNo exceptionsTo enable details of application to be recorded immediately
Oath of ExecutorIn all casesNo exceptionsEvidence upon which grant issues
Original Will (and original codicils if applicable)In all cases

If original is unavailable then lodge (i) a Court sealed and certified copy of a previously proved will

OR (ii) a copy will proved by the High Court. High Court Order must be lodged along with CORRECT and ACTUAL copy referred to in High Court order

OR (iii) An official court copy of an unproved will

(Video) How to Obtain a Grant of Probate in Ireland

Essential proof
Two Engrossments of Will (copies of Will certified by solicitor to be a true copy of the original)In all casesNo exceptionsOne copy is for transmission to Revenue Commissioners and one will be incorporated into the Grant of Probate
Original Death CertificateIn all casesIf death certificate has not yet issued then an interim Death Certificate from a Coroner is acceptableEssential proof that deceased is actually deceased
Notice of Acknowledgment (Probate) Form received from Revenue Commissioners- find more information on Revenue.ieIn all cases for dates of death on 5th December 2001 onwardsNo exceptionsTo comply with Section 48A CAT Consolidation Act 2003

Inland Revenue Affidavit - CA24 - appropriate to date of death pre-5th December 2001 - the copy certified by the Revenue Commissioners with Certificate for the High Court - find more information on Revenue.ie

In all cases for dates of death prior to 5th December 2001No exceptionsTo comply with Section 48(2) CAT Consolidation Act 2003
Probate FeeIn all casesNo exceptionsRequired under S.I. No. 492 of 2014
Additional Documents That May Be RequiredWhen neededExceptionsWhy is this required?
Affidavit of Testamentary Capacity from a doctorThis is necessary if requested by the Probate Office. Instances where it may be required include: If death cert indicates Dementia, Cognitive Impairment or Alzheimer’s Disease around the time the will was made.If doctor is unavailable evidence from another source may be acceptable. Alternatively the High Court may order that the will be proved. The High Court order must be lodged in this case.A testator must be of sound mind to make a valid will
Affidavit of Attesting WitnessIf Attestation Clause is defective or if it seems to contradict the number of pages in the will or if there are alterations and/or Amendments to a Will or if there is no attestation clauseIf the High Court orders the will be proved notwithstanding the defectTo comply with Succession Act requirements for a valid will
Affidavit of Plight and ConditionIf the Probate Office deems that there is any problem with the condition of the willIf the High Court orders the will be proved notwithstanding the plight and conditionTo ensure the will was not amended OR REVOKED or attachment subsequent to the testator signing it
RenunciationIf an executor renouncesNo exceptions if executor renouncing. Not required if reserving the rights of an executor.To show title
Charitable Bequest FormIf the will contains a charitable bequestNo exceptionsTo allow Charities regulator to ensure charitable bequests are followed through
Court/Probate Officer's OrderCertain types of specialised applications. Only original copy attested by the Probate Office is acceptable. See list at Order 79 of the Court Rules. If a Court/Probate Officer's order has been made it must be referred to in the oathNo exceptions if an order is necessaryNecessary proof

Death Certificate

Requirements
A death certificate must be lodged. Must be original, no copies
A coroner’s interim death certificate will be accepted where the final death cert is not yet issued. Must be original, no copies
Check that the name, address,date of death and place of death are correctly reflected in all documents.

Please Note: These Documents will be retained by the Probate Office

Oath of Executor

Please use correct precedent Oath.Oath of Executor (single applicant)orOath of Executors (more than one applicant)

Requirements
Original Only, No copies required.
Ensure names and addresses of all parties are consistent across all documents
Confirm testator did not enter into civil partnership after making will
Ensure that the deceased and the Executor(s)/applicant(s) in the oath are the same persons referred to in the will and the death certificate.
All differences in names and addresses must be accounted for in the oath
Ensure correct Title (see next tab on this page for more information)
State relationship of applicant to deceased
Date and place of death must be as per the death certificate
Total Gross Irish Estate as per Notice of Acknowledgement (Probate) Form
Jurat must comply with SI No. 95 of 2009 and cannot be executed before lodging solicitor
Complete the filing clause
All exhibits must be signed by deponent and the person who administered the oath. The date of the exhibit must be cited in the oath. N.B. the actual exhibit must be signed. Exhibit sheets are not accepted.
(Video) What Happens If You Don't Make a Will in Ireland

Title

Applicant MUST be an executor named in the deceased’s will. Otherwise an application for Administration with Will Annexed is required.

(Video) Family Law Solicitors Dublin/ How Are Assets Divided in Divorce in Ireland/ Vicki Buckley Solicitor

N.B. All Executors must be accounted for in the oath.

Examples
I am the Sole Executor named in the said willWe are the executors named in the said will
I am the sole surviving executorWe are the surviving executors named in the said will
I am one of the executors named in the said will reserving the rights of the other executor(s)We are two of the executors named in the said will reserving the rights of the other executor(s)
I am one of the executors named in the said will, the other executor AB having duly renounced her rights upon which renunciation dated the xxx day of xxxx2019 I have marked my name prior to the swearing hereofWe are two of the executors named in the said will, the other executor AB having duly renounced her rights upon which renunciation dated the xxx day of xxxx2019 I have marked my name prior to the swearing hereof
I am the substituted executor named in the said will, the sole instituted executor AB having predeceased the deceasedWe are the substituted executors named in the said will, the sole instituted executor AB having predeceased the deceased
I was a Partner in the firm of AB Solicitors at the date of death of the deceased and as such one of the executors named in th esaid will, reserving the rights of the other executorsWe were two of the Partners in the firm of AB Solicitors at the date of death of the deceased and as such two of the executors named in the said will, reserving the rights of the other executors
I was the sole principal in the firm of AB Solicitors at the date of death of the deceased and as suchthe sole executor named in the said will-

Will

A Will is always required (unless already proved in another jurisdiction, lost or lodged in Wards of Court or Probate Office)

Document neededException/Remedy
Original will (& codicil if applicable)1. If original Will has been proved in another jurisdiction a Sealed and Certified copy of the Will is required. 2. If original Will lost then correct copy will as per High Court order or Probate Officer's Order 3. If original unproved will is lodged in either Probate Office or Wards of Court Office for for any particular reason, then an official copy is required. This can be obtained from the Probate Rules Office.
Two copies to be certified by solicitor. One of these will be incorporated into the grant of probate and the other will be sent to the Revenue CommissionersNo exceptions
RequirementsExceptions/Remedy
The Original (or Sealed and Certified copy if applicable) Will to be marked by applicant(s) and commissioner before whom oath was sworn.No exceptions
If the Will does not have a valid attestation clauseAffidavit of Attesting Witness required or Court Order
Alterations/amendments to its text may need to be explainedAffidavit of Attesting Witness required or Court Order
If the Will is torn or contains evidence of any document that may have been attached to it (e.g. by staple or clip mark)Affidavit of Plight and Condition required
If the will incorporates a document such as a map or a listProbate Officer's Order required
If the will is lodged in the Wards of Court Office
If the will is on separate sheets of paperAffidavit of Attesting Witness required or Court Order
If the will is in foreign languageProbate Officer's Order required

Renunciation

Form: Renunciation of Administration

Requirements for RenunciationRequirements for Reserving an Executor's rights
Person renoucing must sign a renunciation form before a disinterested witnessNo need for executor whose rights are being reserved to sign any document
Renunciation must be properly exhibited in the oathNo need to exhibit any document
Once anyone renouces he/she cannot act at a future stage except by order of the CourtAn executor whose rights have been reserved may act at a future stage
In any case where the renunciation is executed more than one calendar year before the application is first made, a letter is required from the solicitor confirming that the person renouncing is still alive and enclosing a consent from the person renouncing stating that their renunciation is still valid.-
(Video) Wills & Probate Records | Findmypast

Affidavits

Document TypeSourceRequirements
Affidavit of Testamentary Capacity from a doctorMust be from a doctorMust state how doctor is familiar with state of testator's capacity (e.g. was a patient or reviewed files etc.).
Affidavit of Attesting WitnessMust be from witness who signed OR from someone who was present at the time of executionMust cover due execution the points raised by the Probate Office
Affidavit of Plight and ConditionMust be someone who has knowledge of whatever happened the will that is now causing a query (not necessarily a witness to the will).Must cover the points raised by the Probate Office

FAQs

How long are probate applications currently taking? ›

Typically, after death, the process will take between 6 months to a year, with 9 months being the average time for probate to complete. Probate timescales will depend on the complexity and size of the estate. If there is a Will in place and the estate is relatively straightforward it can be done within 6 months.

How long does probate take in Ireland 2022? ›

For new solicitor applications the waiting time varies between 10 to 12 weeks. This waiting time only applies to cases where the papers are error free. The Courts Service informs me that up to sixty percent of applications are returned to solicitors due to errors.

Can you speed up the probate process? ›

Unfortunately there is no easy way of fast tracking probate. There is no special process that is available to do it or extra fee that you can pay to get it done faster than normal. Essentially there are three main stages and at various times you may be reliant on what others are doing which may cause delays.

Can you check if probate has been applied for? ›

Firstly, a search can be carried out on the Government's website at the dedicated Probate records search service. By entering the deceased's name and date of death you will be informed if the Grant has been issued and can obtain a copy of the Grant and the relevant Will for a small fee.

Why is probate 2022 so long? ›

The reason the process takes so long is that there are complex legal and tax issues that need to be resolved. For this to be done, the probate application process has to be thorough and proper checks must be made.

Why are probate applications taking so long? ›

Most of the delays in the Probate Registry are caused when a probate application is “stopped” for one reason or another. Typically, a probate application that has been completed appropriately should take on average 4-8 weeks to process from the receipt of documents, according to the HMRC.

How long is Grant of probate taking at the moment 2022? ›

Generally speaking, it should take between four weeks and three months to apply for a grant of probate. The amount of time it might take for you depends on a number of factors, including: Whether there is an inventory present within the will. The size and intricacy of the estate.

Can a house be sold before probate is granted Ireland? ›

The process of selling the house can begin before the Grant of Probate is in place – the property can be put up for sale, you can receive offers and a sale can be agreed upon prior to the probate being granted. However, the sale can't close until the Grant of Probate is secured.

Do you have to wait 6 months after probate? ›

As a rule of thumb, it is wise to expect to wait a minimum of six months from when probate is granted to receive money from the estate, though it is not uncommon to have to wait longer.

How long is probate taking at the moment 2021? ›

The usual wait time for a Grant of Probate application to be granted is 4 to 8 weeks, according to the Probate Registry. But as the Coronavirus pandemic caused a backlog of Probate applications, many people are still being affected by delays in 2021.

What are the stages of probate? ›

The 8 Key Stages of Probate
  • Assessing the value of the Estate. ...
  • Assessing Inheritance Tax (IHT) Liability. ...
  • Applying for Probate. ...
  • Informing interested parties. ...
  • Gathering assets of the Estate. ...
  • Paying any debts owed by the Estate.
6 Jul 2021

How long does probate take in Ireland? ›

It can take between three and six months to get a grant of probate approved, depending on the size of the estate and the amount of paperwork you provide. Beneficiaries of the will are legally entitled to receive their inheritance within one year of the date of death.

How long after probate is money distributed? ›

If you need to close a bank account of someone who has died, and probate is required to do so, then the bank won't release the money until they have the grant of probate. Once the bank has all the necessary documents, typically, they will release the funds within two weeks.

How do I contact the probate Registry? ›

+44 300 123 1072

You can also find out information in: the official HMRC app.

What happens once probate is granted? ›

After probate or letters of administration has been granted

You'll get a letter saying how much inheritance tax is still left to pay. Once this has been paid, probate or letters of administration will be sent to you in the post.

Can you sell a house before probate? ›

Technically the answer to 'can you sell a house before probate' is yes, yes you can. Although you will need probate to exchange and complete, nothing is stopping you from listing your house on the market and accepting any offers, if you get them, before being given the Grant of Probate.

Can you chase a probate application? ›

Applicants or their solicitors can telephone the probate registry to chase the application, but it is recommended that you do not chase until at least eight weeks have passed; this will only tie up the registry's phone lines and take staff away from processing applications.

How do I complain about a delay in probate? ›

The quickest way to get a response is to contact the court directly – either in person, by email, phone or letter. Speak to a member of court or tribunal staff while you are in the building. They are best placed to listen to your feedback, resolve your complaint quickly and explain anything that is unclear.

Do you have to pay Inheritance Tax before probate? ›

If there's inheritance tax to pay, the court won't issue the grant of probate until it has been paid. Not all estates will need to pay inheritance tax, depending on how much the person owned and who it's being passed on to.

Do all executors have to apply for probate? ›

Often more than one executor is named in a will, but not all of the executors have to apply for probate. A maximum of four people can apply to the Probate Registry to prove a will and be named on the grant of probate.

How many copies of Grant of probate do I need? ›

Usually, you will need at least three or four copies at hand, and in some cases, it may be helpful to have six sealed copies of the grant of probate to assist in settling the estate.

How long does it take to sell a house through probate? ›

You won't be able to sell the home until probate has been granted. Although you may put the property on the market, contracts can't be exchanged – so your buyer will need to be prepared to wait. It usually takes six to eight weeks for probate to come through, although it can take longer in more complex cases.

How long does it take to get inheritance money from a will? ›

Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle. If an estate tax return is required, the estate might not be closed until the IRS indicates its acceptance of the estate tax return.

What happens after letter of administration? ›

The person who is granted L/A becomes the Administrator of the estate. This means that he has the right to act on behalf of the deceased person. The Administrator has access to all the properties of the deceased.

What happens if a house sells for more than the probate value? ›

If the house sells for less than the probate value, you may be able to claim overpaid tax back. On the other hand, if it sells for more than you may be asked to pay additional tax. That is why it's worth obtaining an accurate probate figure at the outset.

What happens if a house sells for less than the probate value Ireland? ›

If the sale proceeds are less than the probate value, the estate may have paid inheritance tax on a value that was never realised. However, the tax legislation provides for a specific inheritance tax relief where there is a loss on the sale of the land.

What is the value of assets for probate? ›

How is the value of a property defined? For probate purposes, this is defined as the value the property might reasonably fetch if it was sold on the open market to a willing buyer on the date of transfer.

Can a solicitor keep money after probate? ›

Once the grant of probate or letter of administration is received, the first thing your solicitors will do is send it to any financial institutions where the deceased person had an account. This includes banks, mortgage companies, and insurance firms, who will usually refuse to release funds without this document.

What happens if more assets are found after probate? ›

If new assets are found during Probate or after the process has completed, this can impact on the Estate's tax liability. It can also mean that some of the Probate steps that have already been taken will need to be repeated.

Who keeps the original will after probate? ›

An original will stored by you is the property of the client and after the client's death, it is the property of the estate. You should store the original will until after the death of the client, or until you are able to return the original to the client.

How long does it take for a solicitor to apply for probate? ›

On average it takes between three and six months to get the necessary paperwork from the Probate Registry. For more information, see How Long Does Grant of Probate Take. Once the Grant of Probate has been issued, it's the executor's job to continue with the administration of the estate.

Who contacts beneficiaries of a will? ›

Helen: If someone has left a will and you are a beneficiary of an estate, you would usually be contacted by the executor, or the solicitor the executor has instructed, to notify you that you are a beneficiary.

How difficult is probate? ›

An estate that includes property to sell, or multiple shares and investments, will inevitably take longer to deal with than one simply consisting of money in a bank account. Probate can take months, and in very complex cases, even years.

What documents are required for probate? ›

You will need to send the original Will (if applicable), a copy of the official death certificate, a finished IHT form and the correct fee for the application. By law, the original Will becomes a public document when Probate Office gives you the grant.

What needs to be done before applying for probate? ›

Before you apply
  1. Contact organisations such as banks or utility providers about the person's assets and debts.
  2. Estimate the estate's value. You'll need the value as part of your probate application and to find out if you've got Inheritance Tax to pay. ...
  3. Report the estate's value.

Why is probate taking so long Ireland? ›

This is because, in Ireland, there is a concept called the Executor's Year. This gives the executor of an estate 12 months to administer the estate, starting from the testator's date of death. After this, the beneficiaries can query the executor's actions, asking why further progress has not been made.

What are the stages of probate Ireland? ›

How to make a personal application for probate or letters of administration
  • Step 1 – Statement of Affairs (Probate) Form SA2. The SA2 is a Revenue form that must be completed online through either My Account or ROS. ...
  • Step 2 – The Personal Application Form. ...
  • Step 3 – Attending your appointment. ...
  • Probate fees.
27 Jul 2021

How much do solicitors charge for probate in Ireland? ›

Most prefer to leave the hassle to the professionals however the probate solicitors' fees that are usually charged are quite high. These are often as much as 1% to 2% of the value of the assets. A fee of 2% of an estate worth 400k would be €8,000.00 plus vat @ 23%- €1,840.00 = €9,840.00 plus outlays!!!

Does probate look at bank accounts? ›

Many banks and other financial institutions will not require sight of the grant of probate or letters of administration if the account value is below a certain amount. This threshold is determined by the bank, and as such this varies for each bank and financial institution.

Can you use a deceased person's bank account to pay for their funeral? ›

Many banks have arrangements in place to help pay for funeral expenses from the deceased person's account (you should contact the bank to find out more). You may also need to get access for living expenses, at least until a social welfare payment is awarded.

How long does probate take once submitted? ›

The probate process takes around a year on average, from the date of the person's death to the estate being distributed. It may take less time, but even simple estates usually take a minimum of six months to complete probate.

Can I speak to the probate office? ›

The probate registries are all government led offices, as such like many division of the government they can be difficult to contact. We are able to help with most London probate problems. Please call us on 020 8017 1029 for help with probate matters.

Can you speed up probate? ›

Unfortunately there is no easy way of fast tracking probate. There is no special process that is available to do it or extra fee that you can pay to get it done faster than normal. Essentially there are three main stages and at various times you may be reliant on what others are doing which may cause delays.

How much do solicitors charge for doing probate? ›

Solicitors' Probate fees are usually based on guidance from the Law Society which sets an initial fee of 0.75% of the value of the property, plus 1.5% of the value of other assets, and other charges on top of that.

How long does probate take in Ireland 2022? ›

For new solicitor applications the waiting time varies between 10 to 12 weeks. This waiting time only applies to cases where the papers are error free. The Courts Service informs me that up to sixty percent of applications are returned to solicitors due to errors.

How long is grant of probate taking at the moment 2022? ›

Generally speaking, it should take between four weeks and three months to apply for a grant of probate. The amount of time it might take for you depends on a number of factors, including: Whether there is an inventory present within the will. The size and intricacy of the estate.

How do you know probate is granted? ›

Firstly, a search can be carried out on the Government's website at the dedicated Probate records search service. By entering the deceased's name and date of death you will be informed if the Grant has been issued and can obtain a copy of the Grant and the relevant Will for a small fee.

How long is probate taking at the moment 2021? ›

The usual wait time for a Grant of Probate application to be granted is 4 to 8 weeks, according to the Probate Registry. But as the Coronavirus pandemic caused a backlog of Probate applications, many people are still being affected by delays in 2021.

How long is Grant of probate taking at the moment 2022? ›

Generally speaking, it should take between four weeks and three months to apply for a grant of probate. The amount of time it might take for you depends on a number of factors, including: Whether there is an inventory present within the will. The size and intricacy of the estate.

How long does grant of probate take UK 2022? ›

You'll usually get the grant of probate or letters of administration within 8 weeks of sending in your original documents. It can take longer if you need to provide additional information.

Can you track a probate application UK? ›

If you are a beneficiary of the deceased's estate or family, it is possible to find out if a Grant of Probate or Letters of Administration has been granted, but that's all you can do. You need to be the person(s) that applied for probate to be able to track the progress of a probate application.

Do you have to wait 6 months after probate? ›

As a rule of thumb, it is wise to expect to wait a minimum of six months from when probate is granted to receive money from the estate, though it is not uncommon to have to wait longer.

What are the stages of probate? ›

The 8 Key Stages of Probate
  • Assessing the value of the Estate. ...
  • Assessing Inheritance Tax (IHT) Liability. ...
  • Applying for Probate. ...
  • Informing interested parties. ...
  • Gathering assets of the Estate. ...
  • Paying any debts owed by the Estate.
6 Jul 2021

How long does a straightforward probate take? ›

How long does the probate process take? The probate process takes around a year on average, from the date of the person's death to the estate being distributed. It may take less time, but even simple estates usually take a minimum of six months to complete probate.

Can a property be sold before probate is granted? ›

The answer to this question is yes, you can. Probate is needed in cases where the deceased was the sole owner of the property. If you need to sell property in such a situation, you can go ahead and list it on the market and even accept offers before obtaining the Grant of Probate.

How long after probate is granted can you sell house? ›

You won't be able to sell the home until probate has been granted. Although you may put the property on the market, contracts can't be exchanged – so your buyer will need to be prepared to wait. It usually takes six to eight weeks for probate to come through, although it can take longer in more complex cases.

What will a grant of probate show? ›

The grant of probate will also state the Gross and Net Value ( that is after the payment of debts and liabilities ) and the date probate has actually been issued.

How long does probate take in Ireland? ›

It can take between three and six months to get a grant of probate approved, depending on the size of the estate and the amount of paperwork you provide. Beneficiaries of the will are legally entitled to receive their inheritance within one year of the date of death.

How long does an executor have to settle an estate in Ireland? ›

In Ireland, there is also a concept known as the Executor's Year. This gives the executor 12 months to distribute the estate, starting from the date of the testator's death. After this, the executor's actions can be challenged in court.

How many copies of Grant of probate do I need? ›

Usually, you will need at least three or four copies at hand, and in some cases, it may be helpful to have six sealed copies of the grant of probate to assist in settling the estate.

How long does it take to receive inheritance after death? ›

Once this document has been obtained from the Probate Registry, an official copy will need to be sent to all of the banks and financial institutions that have asked to see it. Generally, collecting straightforward estate assets like bank account money will take between 3 to 6 weeks.

How long does probate take without will? ›

If the deceased person hasn't left a will, or their will cannot be found or verified, it usually takes somewhere between one and eight weeks to apply for a grant of probate without it. Usually, when the estate is in intestacy, it's a longer process.

Where can I find free probate records online? ›

You would go to the county government's website and search by name of the deceased. You may also be able to search by the court docket or attorney. You can also use the case number to search probate cases if you have it.

Videos

1. How Long Does Probate Take in Ireland?/ What Do I Need to Make a Will?/ Probate Solicitors Limerick
(Support | Legal Index Ireland)
2. Spousal Maintenance Ireland/ Child Maintenance Ireland/ Family Law Solicitors Dublin/ Vicki Buckley
(Support | Legal Index Ireland)
3. Contentious Probate Update - 16 June 2020
(RWK Goodman)
4. NSW Online Registry - Probate Notices
(NSW Online Registry)
5. Annual Probate, Private Client and Court of Protection Conference
(XXIV Old Buildings)
6. Court ODR Overview -- Colin Rule
(Colin Rule)

Top Articles

Latest Posts

Article information

Author: Rueben Jacobs

Last Updated: 01/05/2023

Views: 5886

Rating: 4.7 / 5 (57 voted)

Reviews: 80% of readers found this page helpful

Author information

Name: Rueben Jacobs

Birthday: 1999-03-14

Address: 951 Caterina Walk, Schambergerside, CA 67667-0896

Phone: +6881806848632

Job: Internal Education Planner

Hobby: Candle making, Cabaret, Poi, Gambling, Rock climbing, Wood carving, Computer programming

Introduction: My name is Rueben Jacobs, I am a cooperative, beautiful, kind, comfortable, glamorous, open, magnificent person who loves writing and wants to share my knowledge and understanding with you.