Applying for a Grant of Probate – Solicitor
Check documents are consistent

Step 1 of 7: Check this is the right grant

A grant of probate is used where a person dies leaving a valid will and at least one executor is willing and able to act.

Use a grant of probate if:

• there is a valid will; and
• one or more executors are named in the will; and
• at least one executor is willing and able to act.

If you cannot use a grant of probate

• No will: you may need a grant of administration (intestate).
• Will, but no executor can act: you may need a grant of administration with will annexed.
• Grant issued, but administration not completed: you may need a de bonis non grant.

Not the right grant? Choose a different grant type.

If you are unsure which grant applies, use the probate eligibility checker before preparing your application.

Step 2 of 7: Gather required documents

Applications missing documents may be delayed or returned. Use this checklist before lodging.

Documents you must include

• Notice of application — probate (current version).
• Oath of executor (original only).
• Original will and any codicils.
• Solicitor-certified copy of the will (engrossment).
• Original death certificate or interim coroner’s certificate (copies not accepted).
• Revenue Notice of Acknowledgement (Probate) (SA.2), where applicable.
• Inland Revenue Affidavit (CA24), where applicable.
• The correct probate fee.

Documents needed only in certain circumstances

• Affidavit of testamentary capacity (see Step 5).
• Affidavit of attesting witness if there is no valid attestation clause.
• Affidavit of plight and condition if the will is damaged or appears altered.
• Renunciation where an executor renounces.
• Court / Probate Officer’s Order (Order 79) for specialised applications.

Step 4 of 7: Prepare the oath, title and will exhibits

Oath of executor

The oath must be lodged in its original form. It confirms that the executor will faithfully administer and account for the estate.

Oath checklist

• Names and addresses match all documents.
• Date and place of death match the death certificate.
• Gross estate figure matches the Revenue form.
• The title is correct (see examples below).
• Jurat complies with the required format. See jurat examples.
• Exhibits are signed, dated and correctly cited in the oath.

Title (examples)

The oath must state why the applicant is entitled to extract the grant.

Example titles (single applicant)

• "I am the sole executor named in the said will."
• "I am the sole surviving executor."
• "I am one of the executors named in the said will, reserving the rights of the other executor(s)."
• "I am one of the executors… AB having duly renounced…"
• "I am the substituted executor…"

Example titles (multiple applicants)

• "We are the executors named in the said will."
• "We are the surviving executors…"
• "We are two of the executors… AB having duly renounced…"

Will and codicils

The original will (or a court-certified copy) must be correctly exhibited in the oath.

Renunciation

A renunciation is used where an executor gives up their right to act.

• Must be signed in the presence of a neutral witness.
• Must be correctly exhibited in the oath.

Stale renunciations

• 1–3 years old: solicitor letter written consent.
• More than 3 years old: new renunciation required.

Jurat examples

Add your jurat examples here (or link to a separate supporting page if preferred).

Step 5 of 7: Prepare affidavits (if needed)

Affidavit of testamentary capacity

Required when:

• the person died in a psychiatric hospital; or
• the will was made within 10 years of death and cognitive impairment is noted; or
• the will was made in a solicitor’s office within 5 years and impairment is noted.

Must be sworn by a doctor and explain their knowledge of the deceased.

Affidavit of attesting witness

• Sworn by someone present at execution of the will.
• Used where there is no valid attestation clause or where the Probate Office raises a query.

Affidavit of plight and condition

• Sworn by someone with knowledge of the circumstances.
• Explains damage, alterations, or concerns with the will.

Step 6 of 7: Submit the application

Lodge the application with the Probate Office or the relevant District Probate Registry, as appropriate. Include the correct fee and the Revenue Notice of Acknowledgement.

Probate fees

Where to lodge your application

Step 7 of 7: What happens next

After you lodge the application, the Probate Office or District Probate Registry will assess the papers. If queries are identified, they will be issued to the solicitor by post or email. Once responses are received, the application will be re-checked.

The latest information on current waiting times is published on our probate processing times page.

Processing stages

1. Application assessment – The papers are reviewed to ensure the documents and information are complete.
2. Queries issued (if required) – If issues arise, queries will be issued to the solicitor. The application will be re-checked once responses and amended papers are received.
3. Drafting the grant – If the papers are in order, the grant is drafted and sent to the Probate Officer for approval.
4. Final check and approval – The Probate Officer completes a final review before the grant is issued.
5. Grant preparation – The grant of representation is prepared for issue.
6. Final impediments check – A final check is carried out for caveats or rival applications before the grant issues.
7. Signing the grant – The original grant of representation is signed by the Probate Officer.
8. Updating records – Application details are updated on the Revenue Online Service (ROS) with the grant issue date.
9. Grant issued – The original grant is sent to the solicitor by post.