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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.
  • Where the person who died was domiciled outside the Republic of Ireland and left assets in Ireland but did not leave a will and a grant of representation issued in their country of domicile to a person other than the proposed applicant.
  • Where the person who died was domiciled outside the Republic of Ireland and left a will and a grant of representation issued in their country of domicile to a person other than the executor(s) named in the will.
  • 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.