Grant of Administration Intestate

An oath is a sworn written document that confirms the applicant will faithfully administer and account for the estate.

Use the specific form listed under required documents for a grant of administration intestate.

Please just submit the original of the oath. No copies are required.

Requirements for Completing an Oath for an Administration Intestate Application

• Ensure names and addresses of all parties are consistent across all documents - any differences in names and addresses must be accounted for in the oath.
• Ensure the title specified in the oath is correct. 
• Confirm that the deceased named in the oath is the same person referred to in the death certificate.
• Verify that the date and place of death listed in the oath match those on the death certificate.
• State the relationship of the applicant(s) to the deceased.
• If you are submitting your application within 2 years of the date of death: Ensure the total gross Irish estate is consistent with your Notice of Acknowledgement (Probate) Form.
• If you are submitting your application more than 2 years after the date of death: You must get a Statement of Current Market Value from a property valuer. Ensure you specify the current market value for the total gross Irish estate amount in the oath. You must also submit the Statement of Current Market Value with your application.
• Verify that the Jurat complies with SI No. 95 of 2009 and is completed before submitting it to a solicitor. View examples of correct and incorrect Jurats.
• Ensure the filing clause is complete.
• Ensure all documents exhibited in the oath are signed and dated by the deponent and the person before whom the oath was sworn. The actual exhibit must be signed - exhibit sheets are not accepted.
• The date of each exhibit must be cited in the oath.

It is crucial to ensure that full legal entitlement is set out in the oath.

Title requirements are only required for deaths after 01/01/1967.

If legal entitlement is not set out in the oath, a title is incorrect or does not match across documents, your application will not proceed.

Below are some sample titles that can be used in an Oath of Administrator for a grant of administration intestate application. This is not a complete list, and the examples shown may need to be tailored to suit your specific application.

Examples of the correct use of title for grant of administration intestate applications

A bond is required for all grant of administration (intestacy and will annexed) applications. A bond guarantees that an administrator will properly carry out their duties for the benefit of the estate.

Bond Templates:

Select the correct bond template based on the death date of the deceased:

• For deaths after 01/01/1967 - Intestacy Bond 1967 form.
• For deaths between 01/06/1959 and 31/12/1966 - Intestacy Bond 1966 form.
• For deaths before 01/06/1959 - Intestacy Bond 1959 form.

Please just submit the original of the bond. No copies are required.

Please note that sureties to a Bond are no longer necessary unless required by the High Court, Probate Officer, or the relevant District Probate Registry

Requirements for Completing a Bond:

• Ensure names and addresses of all parties are consistent across all documents - any differences in names and addresses must be accounted for in the bond.
• Verify that the deceased named in the bond matches the person referred to on the death certificate and in the oath.
• Ensure the date and place of death listed in the bond match those on the death certificate.
• The penal sum in the bond must be twice the Gross Current Value of the estate.
• Sign, seal, and deliver the bond - no swearing is required. Failure to seal the bond will result in delays in processing your application.
• The bond must be executed before the same commissioner or practicing solicitor before whom the oath was sworn.

What does renunciation mean?

This is when an executor or nearest next of kin wishes to renounce their rights to administer the estate. Anyone who renounces is generally unable to participate in administration of the estate at any future stage, unless the Court grants permission for them to do so.

To execute a renunciation two things are needed:

1. The person who is renouncing must complete and sign the Renunciation of Administration form in the presence of a neutral witness.
2. The completed renunciation form must be exhibited correctly in the oath.

Renunciation between 1 and 3 years before applying: If the renunciation was executed between 1 and 3 years before the initial grant of representation application, a letter from the lodging solicitor is required to confirm that the person is still alive and a consent from the person renouncing, stating that their renunciation is still valid, must be enclosed.

Renunciation more than 3 years before applying: If the renunciation was executed between 1 and 3 years before the initial grant of representation application, a newly executed renunciation is required.

An attorney is someone appointed to represent an applicant who is unable to act for themselves or has chosen to nominate someone else to act on their behalf.

It is important to note that:

• If between one and three years have elapsed since the Power of Attorney was executed, a letter on headed paper from the applying Solicitor stating that the donor of the Power of Attorney is still alive, and that the Power of Attorney is still in force, must be lodged.
• If three or more years have elapsed since the Power of Attorney was executed, a new Power of Attorney must be executed.

You will need to complete the Power of Attorney Administration Intestate form.

A person may appoint an attorney to apply when the following situations arise:

• The person lives abroad.
• The person lives in Ireland but is unable to manage their affairs due to physical incapacity.

Requirements to appoint a power of attorney

• A properly executed power of attorney must be exhibited in the oath and must also show the address and description of the donor and say that they are over 18 years of age. It must also be marked by the applicant and commissioner/solicitor before whom the oath was sworn. The Power of Attorney can be executed before any disinterested witness but it is desirable to have it executed before a notary public or person empowered to administer Oaths.
• Ensure individuals who had a prior or equal rights to apply and are currently living in Ireland have been appeased with and their concerns have been addressed and resolved.
• A probate officer's order is required in situations where the person who can apply lives in Ireland but has a physical disability preventing them from administering the estate.
• The Title should follow the correct format, with the applicant identified as the Attorney. For example: “Lawfully appointed by Name Surname, the sole executor and lawful brother etc. under Power of Attorney dated the Nth Day of Month and marked by me/us prior to the swearing hereof.”