Probate FAQs

When a parent dies, there are a number of practical and legal matters that may need to be dealt with. Once the immediate arrangements have been made, it is important to establish whether your parent left a valid Will and, if so, locate the original document.

The Will should identify the executor or executors responsible for administering the estate. The executor will need to identify your parent's assets and liabilities, which may include property, bank accounts, savings, investments, pensions, insurance policies and outstanding debts.

Depending on the assets involved, it may then be necessary to apply for a Grant of Probate before the estate can be administered and assets transferred to the beneficiaries.

If your parent did not leave a Will, their estate will generally be administered under the rules of intestacy, and an eligible person may need to apply for a Grant of Administration.

A probate solicitor can advise you on the appropriate next steps and help you through the administration of the estate.

There is no fixed timeframe for probate in Ireland. How long the process takes depends on factors such as the size and complexity of the estate, the assets involved, how quickly valuations and financial information can be obtained and whether any issues arise with the Will or beneficiaries.

There is also a distinction between the time required to obtain the Grant of Probate and the time required to fully administer and distribute the estate.

Straightforward estates may be completed more quickly, while estates involving multiple properties, business interests, overseas assets, tax matters, missing documentation or disputes can take considerably longer.

Probate Office processing times can also vary, so it is important to seek advice based on the circumstances at the time of your application.

Not necessarily. In Ireland, it is possible to make a personal application for probate without using a solicitor in certain circumstances.

However, the probate process involves significant legal and administrative responsibilities. Executors are responsible for correctly identifying and valuing assets, dealing with liabilities and taxation matters and distributing the estate to the correct beneficiaries.

There are also circumstances where a solicitor must be used, including certain cases involving a lost Will, questions regarding the validity of a Will, disputes between next of kin and other complex estates.

Many executors choose to instruct a probate solicitor to ensure the estate is administered correctly and to reduce the administrative burden involved.

The cost of probate in Ireland depends on the circumstances and complexity of the estate.

Factors that can affect the overall cost include the value and number of assets, property ownership, the number of beneficiaries, whether there are taxation issues, whether assets are located overseas and whether any disputes or complications arise.

There are also Probate Office fees associated with applications, which are separate from professional solicitor's fees and other potential expenses such as property valuations.

Before proceeding, we can discuss the estate with you, explain the work likely to be required and provide information regarding the professional fees involved.

Contact us to discuss probate costs and your particular circumstances.

When someone dies without leaving a valid Will, they are said to have died intestate.

Instead of the estate being distributed according to a Will, the assets are distributed according to the rules of intestacy under Irish succession law.

Who inherits will depend on the deceased person's family circumstances. A spouse or civil partner, children and other relatives may be entitled to inherit depending on who survives the deceased.

As there is no executor appointed by a Will, an eligible person – usually the nearest appropriate next of kin – may apply for a Grant of Administration Intestate. Once granted, the administrator has the legal authority to deal with the estate.

If a family member has died without a Will, obtaining legal advice can help establish who is entitled to administer and inherit the estate.

An executor is the person named in a Will to administer the deceased person's estate.

The executor's responsibilities can include locating the original Will, identifying beneficiaries, establishing the deceased person's assets and debts, obtaining valuations, dealing with Revenue requirements and applying for a Grant of Probate where required.

Once the Grant has issued, the executor can collect or transfer assets, deal with property, pay outstanding debts and taxes and ultimately distribute the remaining estate to the beneficiaries in accordance with the Will.

Being an executor carries significant responsibilities, particularly where an estate is complex. Our probate solicitors can advise executors and assist with the administration of the estate from beginning to end.

If the deceased left a valid Will, the executor or executors named in the Will will normally apply for the Grant of Probate.

The first stages generally involve identifying and valuing the deceased person's assets and liabilities.

For deaths on or after 5 December 2001, a Statement of Affairs (Probate) Form SA.2 is generally completed through Revenue's myAccount or ROS. Once submitted, a Notice of Acknowledgement is generated.

The required probate application and supporting documentation can then be submitted to the Probate Office or appropriate District Probate Registry.

Once the Grant of Probate has been issued, the executor has the legal authority required to administer the estate.

Our probate solicitors can prepare and manage the probate application on your behalf and guide you through each stage of the process.

What happens to a house following a person's death depends on how the property was owned and the terms of their Will, if they left one.

If the property formed part of the deceased person's estate, the executor or administrator will generally need to establish its value and determine whether it should be transferred to a beneficiary or sold as part of the administration of the estate.

The position can be different where a property was jointly owned, so it is important to establish the exact nature of the ownership before taking any action.

Where a property forms part of an estate, a Grant of Representation will commonly be required before ownership can be transferred or the sale completed.

We can advise executors and family members on dealing with houses, land and other property as part of an estate.

A property can sometimes be placed on the market before the Grant of Probate has issued, and a sale may be agreed subject to probate.

However, where the property forms part of the deceased person's estate, the executor will generally need the appropriate Grant of Representation before the sale can be completed and legal title transferred.

This means there can be a delay between agreeing the sale of a probate property and completing the transaction.

If you are considering selling a house belonging to an estate, it is advisable to speak with a solicitor at an early stage so that the probate application and property sale can be coordinated as efficiently as possible.

Both Probate and Administration involve obtaining legal authority to deal with the estate of someone who has died, but the type of Grant required depends on the circumstances.

A Grant of Probate is generally issued where the deceased left a valid Will and the executor named in that Will is applying to administer the estate.

Letters of Administration generally apply where someone dies without a Will. An eligible person, usually the appropriate next of kin, applies to become the administrator of the estate.

There is also a Grant of Administration with Will Annexed, which can apply where there is a Will but the named executor is unable or unwilling to act, or in certain other circumstances.

Collectively, these are forms of Grant of Representation, giving the personal representative the legal authority to administer the deceased person's estate