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.
Identifying the assets of the person who died
Before applying for probate, 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.
Appointing a executor (or administrator)
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:
- Spouse or civil partner
- Child
- Children of a pre-deceased child
- Parent
- Brother or sister
- Children of a predeceased brother or sister
- Nephews and nieces
- Grandparents
- Uncles and aunts
- Great grandparents
- 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.