Solicitor's checklist: Grant of Probate

Documents needed for a grant of probate

Use this checklist to ensure you have all the necessary documents for your application.

Required documents

1. Notice of application — probate
2. Oath of executor (original only). Use the correct form: Oath of executor — probate
3. Original will and any codicils (if applicable).
4. One engrossment of the will (copy certified by a solicitor as a true copy of the original).
5. Original death certificate or interim coroner’s certificate (copies are not accepted).
6. Notice of Acknowledgement (Probate) received from Revenue (SA.2) for deaths on/after 5 December 2001.
7. Inland Revenue Affidavit (CA24) for deaths before 5 December 2001 (from Revenue).
8. Probate fee

Documents required in certain circumstances

1. Affidavit of testamentary capacity from a doctor:
   • If the will was made within 10 years of death and the death certificate mentions cognitive impairment, Alzheimer’s or dementia; or
   • If the will was made in a solicitor’s office within 5 years of death and the death certificate mentions cognitive impairment, Alzheimer’s or dementia.
2. Affidavit of attesting witness if the will lacks a valid attestation clause.
3. Affidavit of plight and condition if the will is damaged or shows signs another document was attached.
4. Renunciation form if an executor renounces.
5. Court/Probate Officer’s Order (Order 79) for certain specialised applications. If an order has been made, refer to it in the oath.

Important things to check

To avoid delays, make sure all documents are complete and consistent before submitting.

• Title: Ensure the title in the oath is correct.
• Jurat: The jurat must be fully completed without errors/omissions. See examples of correct and incorrect jurats.
• Exhibits: All exhibits (including the original will) must be signed by the applicant and the commissioner. Exhibit sheets are not accepted.
• Names/addresses: The deceased’s name (and any variations) and address must be consistent across all documents.
• Fees: Include the correct application fee. See the fees page.
• SA.2: Include the most up-to-date Notice of Acknowledgement (Probate) form.

Oath — probate applications

An oath is a sworn document confirming the applicant will faithfully administer and account for the estate. Submit the original oath only.

Requirements for completing the oath

• Ensure names/addresses are consistent across all documents; explain any differences in the oath.
• Confirm the deceased did not enter into a civil partnership after making the will.
• Ensure the title in the oath is correct.
• Confirm the persons named in the oath match those in the will and death certificate.
• Verify the date and place of death match the death certificate.
• State the relationship of the applicant(s) to the deceased.
• Ensure the total gross Irish estate matches the Notice of Acknowledgement (Probate).
• Ensure the jurat complies with S.I. No. 95 of 2009. See jurat examples.
• Complete the filing clause.
• Sign and date every exhibit (by the deponent and the commissioner) and cite the date of each exhibit in the oath.

Title — probate applications

The oath must state the applicant’s entitlement to extract the grant. Incorrect or incomplete titles, or name inconsistencies, will prevent the application from proceeding.

Example titles (single applicant)

• “I am the sole executor named in the said will.”
• “I am the sole surviving executor.”
• “I am one 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 their rights upon which renunciation dated the xx day of xxxx 202x I have marked my name prior to swearing hereof.”
• “I am the substituted executor 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 the said will, reserving the rights of the other executor(s).”
• “I was the sole principal in the firm of AB Solicitors at the date of death of the deceased and as such one of the executors named in the said will.”

Example titles (multiple applicants)

• “We are the executors named in the said will.”
• “We are the surviving executors named in the said will.”
• “We are two of the executors named in the said will. The other executor, AB, having duly renounced their rights upon which renunciation dated the xx day of xxxx 202x we have marked our names prior to the swearing hereof.”
• “We are the substituted executors named in the said will, the sole instituted executor AB having predeceased the deceased.”
• “We are two of the partners in the firm of AB Solicitors at the date of death of the deceased and as such are two of the executors named in the said will, reserving the rights of the other executors.”

Will

Submission

Submit the original will (or a court-certified copy) with probate or will-annexed applications. The document must be signed by the applicant(s) and the commissioner before whom the oath was sworn.

Additional documentation (where relevant)

• Affidavit of attesting witness or Court Order where:
  • There is no valid attestation clause;
  • There are amendments requiring explanation; or
  • The will comprises multiple sheets.
• Affidavit of plight and condition if the will is damaged or shows signs another document was attached.
• Probate Officer’s Order where:
  • The will references additional documents (e.g. maps, lists);
  • The will is in a foreign language (translation verification); or
  • The will is lodged in the Wards of Court Office.

Renunciation

What does renunciation mean? An executor or nearest next of kin may renounce their right to administer the estate. A person who renounces is generally unable to participate in the administration later, unless permitted by the Court.

How to execute a renunciation

1. The person renouncing completes and signs the Renunciation of administration form in the presence of a neutral witness.
2. The completed renunciation is correctly exhibited in the oath.

Stale renunciations

Executed 1–3 years before applying: Provide a letter from the lodging solicitor confirming the person is alive, and a consent from the person confirming the renunciation remains valid.

Executed >3 years before applying: A new renunciation is required.

Affidavits

Affidavit of testamentary capacity

Always required when:

1. The person died in a psychiatric hospital; or
2. The will was made within 10 years of death and the death certificate mentions Alzheimer’s, dementia or cognitive impairment (within 5 years if the will was made in a solicitor’s office).

The affidavit must:

1. Be sworn by a doctor; and
2. Explain the doctor’s knowledge of the deceased’s capacity (patient/records and timing relative to execution of the will).

Affidavit of attesting witness

1. Sworn by a person who signed or was present at execution of the will (or relevant document).
2. Addresses the issues raised by the Probate Office and confirms due execution.

Affidavit of plight and condition

1. Sworn by someone with knowledge of the circumstances (they need not have witnessed execution).
2. Addresses concerns raised by the Probate Office.

See examples of correct and incorrect jurats.