Applying for Probate - Step by Step >
When is an Ad Litem Grants required ?
An Ad Litem Grant is required where a grant has not yet issued in a deceased person’s estate and another person or organisation wishes to issue proceedings to make a claim against the estate and time is of the essence. The court appoints a person to extract the grant and the grant is limited for specific purposes which are set out in the court order. In most circumstances, that person is not entitled to or responsible for administering the deceased’s estate.
After the Probate Judge grants an order, the following documents must be submitted for the application for the Ad Litem Grant:
- Original Attested Copy Order (obtained from the Rules Office section of the Probate Office).
- Oath/Bond form (most commonly Administration) - Oath must set out the limitations as per the court order.
- Notice of Application with the relevant fee.
- Death Certificate or Coroner's Certificate (if Death Certificate not available).
- Probate fee
Important: If the court order allows for the extraction of Letters of Administration with Will Annexed, then an Oath of Administrator with Will Annexed must be submitted, and the original will must be exhibited in the oath.
Oath
An oath is a sworn written document that confirms the applicant will faithfully administer and account for the estate.
All administrator's names must be included in the oath.
Download the Oath of Administrator template for a single applicant or for multiple applicants.
Requirements for Completing an Oath:
- Include all variations of names and addresses and ensure they match across all documents.
- All Titles are correct and match across all documents.
- Confirm that the deceased in the oath matches the person referred to on the death certificate.
- Date and place of death match the death certificate.
- State the relationship of the applicant to the deceased.
- Check the total gross Irish estate is in line with your Notice of Acknowledgement (Probate) Form.
- The Jurat complies with SI No. 95 of 2009 and cannot be completed before submitting it to a solicitor.
- Filing clause is complete.
- All documents are signed and dated by the deponent and the person before whom the Oath was sworn.