Applying for probate

Step 1 - Before you start

First things to check:

Please make sure you read the information in our Explaining probate page before going any further.

This will help you to:

1. Understand when probate is, and is not needed
2. Check that you are entitled to apply

When to use a solicitor to apply for probate:

Even if you're entitled to apply for probate, you must engage a solicitor to apply on your behalf if:

• The person applying is under 18 years of age.
• The original will is lost.
• There are issues concerning the validity of the will.
• There are disputes among the next of kin about the estate.
• The person entitled to apply is a Ward of Court or lacks the capacity to make their own decisions.
• The person who died was domiciled outside the Republic of Ireland and left a will in a foreign language.
• The person who died was domiciled outside the Republic of Ireland and left assets in Ireland but did not leave a will and there has not been any grant of representation issued in their country of domicile.
• The person who died was domiciled outside the Republic of Ireland and left a will but there has not been any grant of representation issued in their country of domicile and someone other than the executor intends to apply for a grant in Ireland.
• The person intending to apply does not live in the Republic of Ireland, and there are beneficiaries, other than the spouse of the deceased, who will inherit €20,000 or more of the estate.
  

There may be other circumstances where the Probate Officer deems it necessary to have a solicitor help you make the application.