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 administration intestate.
Please submit the original of the oath. No copies are required.
Requirements for Completing an Oath for an Administration Intestate Application
- Ensure names and addresses of all parties are consistent across all documents — any differences must be accounted for in the oath.
- Ensure the title specified in the oath is correct.
- Confirm that the deceased named in the oath is the same person referred to in 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 deceased.
- If you are submitting within 2 years of the date of death: ensure the total gross Irish estate is consistent with your Notice of Acknowledgement (Probate) Form.
- If you are submitting more than 2 years after the date of death: obtain a Statement of Current Market Value from a property valuer, specify the current market value in the oath, and submit the Statement with your application.
- Verify that the Jurat complies with SI No. 95 of 2009 and is completed before submitting it to a solicitor. See 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.
Titles
Title – Intestate Applications
It is crucial to ensure that full legal entitlement is set out in the oath.
Title requirements apply to deaths after 01/01/1967.
If legal entitlement is not set out in the oath, or if a title is incorrect or does not match across documents, your application will not proceed.
Examples of the correct use of title for grant of administration intestate applications
| Civil Status of Deceased | Who is applying | Potential Titles | Additional Requirements |
|---|---|---|---|
| Married | Spouse | Died intestate a married man/woman and I am the lawful widow/husband | None |
| In Civil Partnership | Civil Partner | Died intestate having entered a civil partnership and I am the lawful civil partner | Copy of Civil Partnership Registration |
| Widowed | Child of deceased | Died intestate a widow(er) who never entered into a civil partnership and I am the lawful child | None |
| Divorced (in Ireland) | Child of deceased | Died intestate a divorced person pursuant to Circuit Court Order/High Court Order dated the …. day of ….. who never entered into a civil partnership and I am the lawful child | Copy of Irish divorce order |
| Divorced (outside Ireland and divorce recognised in Ireland) | Child of deceased | Died intestate a divorced person which divorce has been recognised in Ireland by order of the court dated the … day of …. who never entered into a civil partnership and I am the lawful child | Irish court order recognising the divorce Alternatively, we may accept a renunciation/disclaimer from the former spouse. |
| Married/in Civil Partnership | Child of deceased | Died intestate a married man/woman/having entered into a civil partnership leaving him/her surviving his/her lawful spouse/ Civil Partner XXXXX who has duly renounced [exhibit renunciation citing by date]/has since died and I am the lawful child | Renunciation of Spouse if still alive |
| Married/in Civil Partnership/ Separated but not divorced | Child of deceased | Died intestate a married man/woman/having entered into a civil partnership leaving him/her surviving his/her lawful spouse/Civil Partner XXXXX who has duly renounced his/her rights (upon which renunciation/Separation Agreement dated the xxx day of xxxxxx I have marked my name prior to the swearing hereof) and I am the lawful child | Lodge copy of Separation Agreement |
| Married/in Civil Partnership/ Separated but not divorced | Child of deceased | Died intestate a married man/woman/having entered into a civil partnership leaving him/her surviving his/her lawful spouse/Civil Partner XXXXX whose rights have been extinguished pursuant to Section 14 of the Family Law Act 1995 by order of the court dated the ..... day of .... and I am the lawful child | Lodge copy of Court Order |
| Never Married or in Civil Partnership | Child of deceased | Died intestate a single person who never married or entered into a civil partnership and I am the lawful child | Long form Birth Certificate |
| Grandchild of deceased (no child surviving) | Died intestate a widow without having entered into a civil partnership and who died without child and I am the lawful grandchild | None | |
| Grandchild of deceased (child surviving) | Died intestate a widow without having entered into a civil partnership leaving her surviving one lawful and only child XXXX who has since died and I am the lawful child of YYYYY who was a lawful child of and who predeceased the deceased | None | |
| Parent of deceased | Died intestate a widow(er) without having entered into a civil partnership /surviving Civil Partner without issue and I am the lawful mother/father | None | |
| Parent of deceased | Died intestate a divorced person pursuant to Circuit Court Order/High Court Order dated the …. day of ….. without issue and I am the lawful mother/father | Copy of divorce order | |
| Parent of deceased | Died intestate a single person who never married or entered into a civil partnership without issue and I am the lawful mother/father | None | |
| Brother/sister of deceased | Died intestate a widow(er) without having entered into a civil partnership/surviving Civil Partner without issue or parent and I am the lawful brother/sister | None | |
| Brother/sister of deceased | Died intestate a divorced person pursuant to Circuit Court Order/High Court Order dated the …. day of ….. without issue or parent and I am the lawful brother/sister without issue or parent and I am the lawful brother/sister | Copy of divorce order | |
| Brother/sister of deceased | Died intestate a single person who never married or entered into a civil partnership without issue or parent and I am the lawful brother/sister | None | |
| Nephew/niece of deceased | Died intestate a widow(er) without having entered into a civil partnership /surviving Civil Partner without issue or parent or brother or sister and I am the lawful nephew/niece | None | |
| Nephew/niece of deceased | Died intestate a divorced person pursuant to Circuit Court Order/High Court Order dated the …. day of ….. without issue or parent or brother or sister and I am the lawful nephew/niece | Copy of divorce order | |
| Nephew/niece of deceased | Died intestate a single person who never married or entered into a civil partnership without issue or parent or brother or sister and I am the lawful nephew/niece | None | |
| Legal Personal Representative of Spouse/Civil Partner | Died intestate a married man/woman/having entered into a civil partnership without issue leaving him/her surviving his/her lawful spouse/Civil Partner xxxxxxx who has since died and I am the legal personal representative of the said xxxxxxx under grant of representation which issued to me on the …..day of …....... | Lodge original grant or sealed & certified copy | |
| Legal Personal Representative of Spouse/Civil Partner | Died intestate a married man/woman/having entered into a civil partnership without issue of a predeceased child leaving him/her surviving his/her lawful spouse/Civil Partner xxxxxxx who has since died and one lawful and only child yyyyyyyyy who has since died and I am the legal personal representative of the said xxxxxxx | Lodge original grant or sealed & certified copy | |
| Legal Personal Representative of Spouse/Civil Partner | Died intestate a married man/woman/having entered into a civil partnership without issue of a predeceased child leaving him/her surviving his/her lawful spouse/Civil Partner xxxxxxx who has since died and one lawful and only child yyyyyyyyy who has since died and I am the legal personal representative of the said xxxxxxx | Lodge original grant or sealed & certified copy | |
| Applicant appointed under Section 27(4) | Died intestate and I am the person appointed pursuant to Section 27(4) of the Succession Act 1965 pursuant to Order of the High Court dated X. |
Forms
Oath of Administrator Incorporating Administration Bond (Intestacy) form
