Explaining probate

When a person dies, everything they owned is called their estate. This includes their money, home, belongings and any possessions they owned. Probate is the name of the legal process for dealing with that estate.

The person who deals with the estate on behalf of the person who died is called the personal representative.

The personal representative has to:

• find out what the person owned and owed

• pay off any debts or taxes

• give out what’s left to the people who should get it

When you don't need to apply for probate

You usually don't need to apply for probate:

• If the person who died and their spouse owned assets together. These assets usually transfer directly to the surviving spouse without the need for probate.
• 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.)

When you need to apply for probate

If the person who died left property and/or money in their sole name, you will usually need probate to:

• Transfer ownership or sell, the property.
• Access large amounts of 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.