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.

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.

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.

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

If a solicitor is hired for the probate application they will perform the following acts;

Compile documents.  Solicitors must compile a number of documents to be included in their application package.

Submit application. Applications must be submitted to the Probate Office or relevant District Probate Registry.

Application processing. Once an application is submitted it will be processed by the Probate Office or relevant District Registry.

Issuing of a grant. Once an application has been processed successfully the grant of representation will be issued to the solicitor for their client.

You must use a solicitor if:

• The person entitled to get the Grant of Representation is a ward of the court or of unsound mind
• The person entitled to get the Grant of Representation is under 18
• There are issues concerning the validity of the will
• There are disputes among the next of kin about the estate
• The original will is lost
• A beneficiary of the will of more than €20,000 (apart from the spouse of the deceased) lives outside of Ireland and the potential applicant for the Grant of Representation also lives outside of Ireland
• The deceased person lived outside Ireland and left a will in foreign language
• There are other circumstances which, in the opinion of the Probate Office, need the assistance of a solicitor

 

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.