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Grant of probate

Applying for Probate - Step by Step >

Solicitor's guide to applying for a grant of probate

When a person dies having made a valid will and an executor is appointed, the executor can apply for a grant of probate. Once the grant is issued the executor then administers the deceased's assets according to the terms of the will. 

Documents needed for a grant of probate

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

Required Documents: 

  1. Notice of Application for Solicitors - Probate
  2. Oath of Executor (original only – no copies are required). Ensure you use the right form:  Oath of Executor - Probate
  3. Original will and codicils (if applicable)
  4. One engrossment of will (copy of will certified by solicitor to be a true copy of the original)
  5. Original death certificate or an interim death certificate from a Coroner (if death certificate has not yet been issued). An original certificate must be included – copies will not be accepted. 
  6. Notice of Acknowledgement (Probate)  received from Revenue.ie for deaths on or after December 5, 2001 
  7. Inland Revenue Affidavit (CA24)  received from Revenue.ie for deaths before December 5, 2001
  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 the date of death and Death Certificate indicates cognitive impairment, Alzheimer’s, or dementia as a cause of death. If the will was made in a solicitor's office, we will only require the affidavit if the will was made within 5 years of the date of death and Death Certificate indicates cognitive impairment, Alzheimer’s, or dementia as a cause of death.
  2. Affidavit of Attesting Witness: if the will lacks a valid attestation clause. 
  3. Affidavit of Plight and Condition: if the will is torn or shows signs that another document may have been attached to it. 
  4. Renunciation Form: if an executor wishes to renounce their rights. 
  5. Charitable Bequest Form: if the will contains a charitable bequest, you must complete the Charitable Bequest Form.
  6. Court/Probate Officer's Order: certain types of specialised applications will require a Court/Probate Officer's Order. See Order 79 of the Court Rules. If a Court/Probate Officer's order has been made it must be referred to in the oath. 

 

Important things to check

To avoid unnecessary delays in processing your application it's important that before you submit, you verify that all documents are complete and correct. Common issues that give rise to queries and delays are:

  • Title:  Ensure the title specified in the oath is correct.
  • Jurat:  The jurat must be fully complete and without errors or omissions. More information on how to complete the jurat can be found in the examples of correct and incorrect jurat page.
  • Documents Exhibited in the Oath: All exhibited documents, including the original will if applicable, must be signed by the applicant and the commissioner for oaths. 
  • Deceased Name and Address:  The name of the deceased along with any variations of their name and their address must be consistent across all documents.
  • Application Fee:  The correct fee must be included with your application. The full list of fees can be found on the Learn about Fees page.
  • Notice of Acknowledgement (Probate) Form: Please ensure to include the most up to date version of this form. 

 

    More information to help you with your application is contained in each of the sections below:

    Oath - probate applications

     

    An oath is a sworn written document that confirms the applicant will faithfully administer and account for the estate.

    Use the specific form listed under required documents for a grant of probate.

    Please just submit the original of the oath. No copies are required.

    Requirements for completing an oath for a probate application
    • Ensure names and addresses of all parties are consistent across all documents - any differences in names and addresses must be accounted for in the oath.
    • Confirm the person who died did not enter into a civil partnership after making the will.
    • Ensure the title specified in the oath is correct. 
    • Confirm that the person who died and the executor(s)/applicant(s) named in the oath are the same persons referred to in the will and the death certificate.
    • Verify that the date and place of death listed in the oath match those on the death certificate.
    • State the relationship of the applicant(s) to the person who died.
    • Ensure the total gross Irish estate is consistent with your Notice of Acknowledgement (Probate) Form.
    • Verify that the Jurat complies with SI No. 95 of 2009 and is completed before submitting it to a solicitor. View examples of correct and incorrect Jurats.
    • Ensure the filing clause is complete.
    • Ensure all documents exhibited in the oath are signed and dated by the deponent and the person before whom the oath was sworn. The actual exhibit must be signed - exhibit sheets are not accepted.
    • The date of each exhibit must be cited in the oath.

    Title - probate applications

    The oath must specify the entitlement that the person who is applying has to make the application.

    It is crucial to ensure that the title is specified correctly, that names are accurate and consistent across all paperwork, and that they match those in the will.

    If a title is incorrect or incomplete or the names specified are inconsistent with other documents, your probate application will not proceed.

    Examples of title for a 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."
    Examples of title for 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

    Will submission requirements

    Submit an original will or a court-certified copy with your grant of probate or will annexed application. This document must be signed by both the applicant(s) and the commissioner before whom the oath was sworn.

    Additional documentation requirements

    In certain cases, you may need to provide additional documents along with the will:

    • Affidavit of attesting witness or Court Order: Required if:
      • The will lacks a valid attestation clause.
      • There are amendments to the will requiring an explanation for those changes or additions.
      • The will is composed of multiple separate sheets of paper.
    • Affidavit of plight and condition: Necessary if the will is damaged or shows signs that another document may have been previously attached.
    • Probate Officer’s Order: Required when:
      • The will references additional documents such as maps or lists.
      • The will is in a foreign language and needs translation verification.
      • The will is lodged in the Wards of Court office.

    Renunciation

    What does renunciation mean?

    This is when an executor or nearest next of kin wishes to renounce their rights to administer the estate. Anyone who renounces is generally unable to participate in administration of the estate at any future stage, unless the Court grants permission for them to do so.

    To execute a renunciation two things are needed:

    1. The person who is renouncing must complete and sign the Renunciation of Administration form in the presence of a neutral witness.
    2. The completed renunciation form must be exhibited correctly in the oath.

    Renunciation between 1 and 3 years before applying: If the renunciation was executed between 1 and 3 years before the initial grant of representation application, a letter from the lodging solicitor is required to confirm that the person is still alive and a consent from the person renouncing, stating that their renunciation is still valid, must be enclosed.

    Renunciation more than 3 years before applying: If the renunciation was executed more than 3 years before the initial grant of representation application, a newly executed renunciation is required.

    Affidavits

    Affidavit of testamentary capacity

    An Affidavit of testamentary capacity is always required when:

    1. The person died in a psychiatric hospital.
    2. The will was made within 10 years of the date of death and the death certificate refers to Alzheimer's, dementia or cognitive impairment. If the will was made in a solicitor's office, we will only require the affidavit if the will was made within 5 years of the date of death and Death Certificate indicates cognitive impairment, Alzheimer’s, or dementia as a cause of death.
    3. The will was made when the person who died was in a psychiatric hospital.

    The Affidavit of testamentary capacity must:

    1. Be from a doctor.
    2. Clarify the extent of the doctor’s familiarity with the deceased's mental capacity, specifying whether they were a patient or if the doctor reviewed medical records around the time the will was made.

    Affidavit of attesting witness

    1. Be from someone who signed or was present at the time the will, or additional document, was officially created.
    2. Address the points raised by the Probate Office, ensuring that the document was correctly and lawfully signed or completed.

    Affidavit of plight and condition

    1. Be provided by someone who has knowledge of the events surrounding the will, particularly those aspects in question, even if they did not witness the signing of the will.
    2. Address the concerns or questions raised by the Probate Office.

    View examples of correct and incorrect Jurats.