Applying for probate

  1. Check if you need a solicitor

    In some cases, you must engage the services of a solicitor. Some of these cases include when the applicant is under the age of 18, the will is lost or there are questions about the validity of the will.

  2. Submit your information to Revenue

    Before completing a personal application for probate, you will need to provide some information to Revenue. This is usually the Statement of Affairs Form (SA.2) but the correct form to submit to Revenue depends on the date of death.

  3. Complete the personal application form

    Download and return a completed Personal Application Form along with the Notice of Acknowledgement (Probate) from Revenue to the Probate Office, or the relevant District Probate Registry.

  4. Attend your probate appointment

    Once completed documents have been received, a probate official will review them. If there are additional requirements, the official will contact you.

  5. Probate is granted

    After your appointment, the grant of representation, along with any additional copies that you ordered and documents that we need to return to you, will be posted to you, usually within 3 weeks.

 

    When to use a solicitor to apply for probate

    In some situations, the law requires you to use a solicitor when applying for probate. You must use a solicitor to apply for probate if:

    • The person applying is under 18 years of age.
    • The original will is lost.
    • There are issues concerning the validity of the will.
    • There are disputes among the next of kin about the estate.
    • The person entitled to apply is a Ward of Court or lacks the capacity to make their own decisions.
    • The person who died was domiciled (the country where someone lives with the intention of living there permanently) outside the Republic of Ireland and left a will in a foreign language.
    • The person who died was domiciled outside the Republic of Ireland and left assets in Ireland but did not leave a will and there has not been any grant of representation issued in their country of domicile.
    • The person who died was domiciled outside the Republic of Ireland and left a will but there has not been any grant of representation issued in their country of domicile and someone other than the executor intends to apply for a grant in Ireland.
    • The person who died was domiciled outside the Republic of Ireland and left assets in Ireland but did not leave a will and a grant of representation issued in their country of domicile to a person other than the proposed applicant.
    • The person who died was domiciled outside the Republic of Ireland and left a will and a grant of representation issued in their country of domicile to a person other than the executor(s) named in the will.
    • The person intending to apply does not live in the Republic of Ireland, and there are beneficiaries, other than the spouse of the deceased, who will inherit €20,000 or more of the estate.

    There may be other circumstances where the Probate Officer deems it necessary to have a solicitor help you make the application.

    Before you begin

    To start the probate application process, you will need to complete a form and submit it to Revenue.

    For dates of death on or after December 5, 2001

    Statement of Affairs Form SA.2

    If the person who died passed away on or after December 5, 2001, you must complete the Statement of Affairs Form (SA.2). This form is accessed through Revenue.ie under “myAccount” or “ROS”.

    • If the person who died left a will, you must upload a copy to Revenue as part of your online Statement of Affairs submission.
    • Upon submission, you’ll receive a Notice of Acknowledgement from Revenue, which must be printed and included with your probate application:
      • Ensure this notice contains the name, address, and relationship to deceased of all applicants and each person must individually sign the notice document also.
      • The contact person entered on ROS must be one of the Personal Applicants and this person’s name, address and telephone number must be entered in this section. Note an Email address of a person authorised by the applicant can be inserted.

    Please note: The responsibility for the form’s accuracy lies with you as the applicant. It's advisable to consult professional legal and tax advice if necessary. Incorrect information can lead to penalties. For further details, visit Revenue.ie.

    For dates of death before December 5, 2001

    Inland Revenue Affidavit

    • Contact the Revenue Commissioners directly to obtain the relevant Inland Revenue Affidavit.
    • Complete and swear the Inland Revenue Affidavit in the presence of a practising solicitor or Commissioner for Oaths.
    • File the Inland Revenue Affidavit with Revenue for approval. Once Revenue approve your form, a stamped version of the affidavit form along with a High Court Certificate will be sent to you.
    • Submit the stamped Inland Revenue Affidavit, together with the original High Court Certificate issued by Revenue, with your probate application to the Probate Office or relevant District Probate Registry.

    The Probate Office does not provide guidance on filling out these forms.

    To submit a personal application to the Probate Office or a District Probate Registry, complete the Notice of Application for Personal Applicants and include:

    1. Notice of Acknowledgement (Probate) — issued to you by Revenue.
    2. Original death certificate (or a Coroner’s interim certificate if a death certificate has not yet issued).
    3. A photocopy of the will and any codicils. Do not send the originals — we will request them later in the process.

    If the person who died lived outside Ireland

    You may be asked for documents from the probate authority in the person’s country of domicile (the country they regard as their permanent home):

    1. A sealed and certified copy of the grant of representation issued there.
    2. A sealed and certified copy of the will (if any).

    The probate official dealing with your application will confirm if these are needed.

    Tips for completing the form

    For detailed guidance, see the guidance note for completing the personal application form .

    • Complete all sections (A–D) in every case.
    • Use the full name of the person who died on all documents and note any name variations.
    • State the person’s domicile (their permanent home country).
    • List the names of all applicants on the form.
    • Send only a photocopy of the will and any codicils. Do not attach anything to the originals or remove staples/pins/binding when photocopying.
    • Include the original death certificate.
    • Make sure the Notice of Acknowledgement lists the same applicants as Section C of the Personal Application Form, and that each applicant signs both documents.
    • Provide the last residential address of the person who died and, if different, the address shown in the will. In Section D, include any other relevant former addresses.

    Submitting your application

    Send your completed form and documents by post to the correct office. The office depends on where the person lived at the date of death:

    • Dublin, Kildare, Meath or Wicklow: send to the Dublin Probate Office.
    • Any other county in the Republic of Ireland: send to the Dublin Probate Office or to the District Probate Registry for the county where the person lived.
    • Lived outside the Republic of Ireland: send to the Dublin Probate Office. You may need a solicitor. See Step 1 — Check if you need a solicitor.

    This list has contact details for all offices and the counties each office covers:

    Attending your appointment

    Your appointment with a probate official

    At the appointment you can expect the following to take place:

    • Review of documentation: All relevant documentation will be reviewed.
    • Providing additional information: The probate official may have questions about your application or ask you for additional information during your appointment.
    • Swearing or affirming an oath: You will be presented with an oath to be sworn or affirmed before the probate official.
    • Payment of probate fee: The probate fee will be calculated based on the net value of the Irish estate.

    Ordering copies of documents

    During your appointment, if necessary, you may order extra copies of the grant, will, or other documents. You will need to pay the relevant fee for these copies by debit or credit card or an official fee card from a Courts Service Stamp Office.

    You can order copies from the General Office Section after the grant of representation has been issued.After your appointment, the grant of representation, along with any additional copies that you ordered and documents that we need to return to you, will be posted to you, usually within 3 weeks

    The grant of representation, along with any additional copies that you ordered and documents that we need to return to you, will be posted to you, usually within 3 weeks. 

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