From early June solicitors across the country will be able to apply for probate online on the Courts Portal.
This follows a pilot project that the Courts Service has been running since late last year, involving a small number of solicitors in Dublin, to test the portal for applications for grants of probate.
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.
Probate is the legal right to deal with someone’s property, money and possessions (known as their ‘estate’) when they die.
Probate officer Anne Heenan said that feedback from Dublin solicitors on the pilot project had been good. “Probate is a complicated process; compounding the situation are the level of errors and mistakes we receive in hard-copy applications,” she stated.
Heenan said that the office had noticed a reduction in the errors and mistakes received through the online applications, adding that, as a result, it had been able to improve the turnaround times. “With a nationwide rollout we don’t know what turnaround times might be like at this point, but we’re looking forward to receiving more applications online,” she said.
Minister for Justice, Home Affairs and Migration Jim O’Callaghan welcomed the announcement, saying that it would benefit people across Ireland and their solicitors, adding that faster probate processes would also help to address housing supply.
Only certain people can apply for probate. Who can apply depends on whether or not the person who died left a will in place. If there is a will, the executor named in it can apply. If there is no will, the nearest next of kin can apply.
Once the application is made, a document called a Grant of Representation is issued. This allows the executor (or nearest next of kin) to distribute the estate of the person who died.
A solicitor can complete the forms that are needed and give you advice on:
- The law on succession
- Taxes that might have to be paid by beneficiaries
- Debts that may have to be paid from the estate
- The deceased’s will and can help settle disputes
- Finding out what the deceased person owned
The Courts Service said that it would make further improvements to the system as more solicitors filed online. It intends to roll out support for intestacy applications (where people die without leaving a will) as the system improves.
In the next few years, across civil and family law, it will allow for e-filing, e-serving, making e-payments, and the collection of digital orders.
NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.
