Oath – Intestate 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 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.
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 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/widower | 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 (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 – 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 | Order recognising foreign divorce |
| Divorced (outside Ireland – former spouse renounced) | Child of deceased | Died intestate a divorced person by foreign divorce leaving him/her surviving AB who has duly renounced his/her rights [exhibit renunciation] who never entered into a civil partnership and I am the lawful child | Renunciation of former spouse |
| Married or in civil partnership – spouse/civil partner renounced | 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/has since died and I am the lawful child | Renunciation if spouse/civil partner alive |
| Separated – 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 | Copy of Separation Agreement |
| Separated – rights extinguished by court | 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 under Section 14 of the Family Law Act 1995 by order dated the ….. day of ….. and I am the lawful child | 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 |
| Widowed | Grandchild (no surviving child) | Died intestate a widow(er) without having entered into a civil partnership and who died without child and I am the lawful grandchild | None |
| Widowed | Grandchild (child survived but is now deceased) | Died intestate a widow without having entered into a civil partnership leaving her surviving one lawful child XXXX (now deceased) and I am the lawful child of YYYYY, who was a lawful child of the deceased | None |
| Widowed | Parent | Died intestate a widow(er)/surviving civil partner without issue and I am the lawful mother/father | None |
| Divorced (Ireland) | Parent | 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 |
| Single | Parent | Died intestate a single person who never married or entered into a civil partnership without issue and I am the lawful mother/father | None |
| Widowed | Brother/sister | Died intestate a widow(er)/surviving civil partner without issue or parent and I am the lawful brother/sister | None |
| Divorced (Ireland) | Brother/sister | Died intestate a divorced person pursuant to court order dated the …. day of ….. without issue or parent and I am the lawful brother/sister | Copy of divorce order |
| Single | Brother/sister | 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 |
| Widowed | Nephew/niece | Died intestate a widow(er)/surviving civil partner without issue or parent or brother/sister and I am the lawful nephew/niece | None |
| Divorced (Ireland) | Nephew/niece | Died intestate a divorced person pursuant to court order dated the …. day of ….. without issue or parent or brother/sister and I am the lawful nephew/niece | Copy of divorce order |
| Single | Nephew/niece | Died intestate a single person who never married or entered into a civil partnership without issue or parent or brother/sister and I am the lawful nephew/niece | None |
| Married / Civil partnership | 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 spouse/civil partner XXXXX who has since died and I am the legal personal representative of XXXXX under a grant issued on the …. day of …. | Lodge original grant or sealed and certified copy |
| Married / Civil partnership | 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 surviving spouse/civil partner XXXXX (now deceased) and one lawful child YYYYY (now deceased), and I am the legal personal representative of XXXXX | Lodge original grant or sealed and certified copy |
| Court appointed administrator | Applicant appointed under Section 27(4) | Died intestate and I am the person appointed pursuant to Section 27(4) of the Succession Act 1965 by order of the High Court dated … | None |
