Explaining probate

Probate is a legal process that may need to be completed after someone dies. It confirms the validity of a will (if there is one) and gives people entitled by law the authority to deal with the estate of the person who died.

When probate is not required

You may not need to apply for probate in the following circumstances:

  • Joint ownership among spouses: If the person who died and their spouse owned assets jointly, these assets usually transfer directly to the surviving spouse without the need for probate (for example: property or joint bank accounts)
  • Accounts with less than €20,000: If there is money in an account that is not a joint account and the amount is under €20,000, the bank may not require a grant of representation to access the account. You will need to contact the financial institution to check what they need as each have their own standards.

When is probate required?

If the person who died left property and/or money in their sole name, a grant of representation is usually required to:

  • Transfer ownership or sell, the property.
  • Access money in financial institutions. Contact the financial institution to check what is required in your specific circumstances.
  • Deal with the assets in Ireland that were left by someone who died outside of Ireland.

Check if you can apply

If you would like to check whether you are eligible to apply for a probate, you can use our quick 'Eligibility Checker' tool.

 

Check if you can apply for probate

By answering a series of simple questions, you will be able to check if you can apply for probate. Based on your answers you will see which type of grant you may be eligible for. However, situations can be complex and you might want to get legal advice to better understand your options.

No data is being recorded or sent during the process.

Are the people who intend to apply all 18 years of age or over?
Was the person who died domiciled within the Republic of Ireland?

Your domicile is the country where you live with the intention of remaining there permanently. It may be different to your residence or nationality.
Has a grant already been issued?

A grant enables the people applying to administer the estate (executors or administrators).
Did the person who died leave a will?

The will or last will and testament is the document made during a person’s lifetime which expresses how they wish for their assets to be distributed.
Are any executors from the previously issued grant alive and able to act?

An executor is a person named by the person who has died to carry out their stated wishes after their death. A female in this role is referred to as an ‘executrix’. Executors named on the grant means executors who extracted the grant (you can be named in the will as an executor but unless you extract the grant your name will not appear on the grant as an applicant).
Are you an executor who had previously reserved your rights?

An executor with rights reserved is named in the will and has chosen not to apply, but may apply at a later stage.
Did the person who died leave a will?

The will or last will and testament is the document made during a person’s lifetime which expresses how they wish for their assets to be distributed.
Is the person who intends to apply a named executor within the will?

An executor is a person named by the person who has died to carry out their stated wishes after their death. A female in this role is referred to as an ‘executrix’.
Were any residuary legatees or devisees named in the will alive at the date of death?

A residuary legatee is the person receiving the remainder of the estate; anything apart from the property.

A residuary devisee is a person receiving the remainder of the property.
Are any of the people who intend to apply acting as an attorney?

An attorney is a person who is appointed to act on behalf of an applicant who is domiciled outside of the Republic of Ireland.
Are any of the people who intend to apply acting as an attorney?

An attorney is a person who is appointed to act on behalf of an applicant who is domiciled outside of the Republic of Ireland.
Is the administrator from the previously issued grant alive and able to act?

An administrator is someone entitled to distribute the estate of the person who has died, particularly if the person has died without making a will.
Are you an executor who had previously reserved your rights?

An executor with rights reserved is named in the will and has chosen not to apply, but may apply at a later stage.
Are any executors named in the will, who have not renounced their rights, alive and able to act?

An executor named on the will is entitled to apply for a grant of representation provided they are willing to act, that is, they have not renounced their rights as an executor.

The probate process is divided into three steps

  1. Identifying the assets of the person who died
  2. Appointing a personal representative
  3. Administering the estate, including payments of debts and taxes owed by the person who died


Identifying the assets of the person who died

Before applying for a grant of representation, the executor  or administrator  will need to examine the assets of the person who died. This includes any jointly held assets or property which the person who died held an interest in.

You will need the value of all the assets as of the date of death; they can include:

  • Property: Homes and other properties.
  • Financial accounts: Bank, Credit Union, and Post Office accounts.
  • Insurance policies: Any life insurance or other policies.
  • Investments: Stocks and shares.
  • Personal valuables: Jewellery and other personal items.

Note: If you require probate, once the assets are identified, use the information in Applying for Probate to guide you through the application process.


Appointing a personal representative

A personal representative is the person responsible for administering the estate under a grant of representation.

If this person is named in the will to deal with estate they are called an executor, otherwise they are called an administrator.

The role of personal representative, once you accept it, is for life.

Who can apply for a Grant of Representation?

This depends on a few things:

  • If there is a will: the executors named in the will can apply. A Grant of Probate will be issued in this case.
  • If there is no will: the nearest next of kin can apply. The following priority determines who the nearest next of kin is:

    1. Spouse or civil partner
    2. Child
    3. Children of a pre-deceased child
    4. Parent
    5. Brother or sister
    6. Children of a predeceased brother or sister
    7. Nephews and nieces
    8. Grandparents
    9. Uncles and aunts
    10. Great grandparents
    11. Other next-of-kin of nearest degree

The Succession Act 1965 and the Rules of Court,  Order 79, Rule 5(1) specify, in detail, the rules that apply when there is no will.

The grant type that will be issued in this case is called a Grant of Administration Intestate.

  • If there is a will but no executors: the person named in the will to inherit the residue of the estate can apply. The residue of the estate is any part of the estate that is not specifically identified and given away in the will. In these circumstances a Grant of Administration with Will Annexed will be issued.

Administration of the Estate

The grant, once it has been issued, gives legal entitlement to the personal representative to administer the estate. After payment of debts, including taxes, the estate is divided among the beneficiaries according to the terms of the will. If there is no will, the rules of intestacy determine how the estate should be divided among family members.

The rules of intestacy are set out in the  Succession Act 1965.