How to apply for probate
- 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.
Read more - 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.
Read more - Complete probate forms and deliver to probate office or registry
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.
Read more - Step 4
Once completed documents have been received, a probate official will review them. If there are additional requirements, the official will contact you.
Read more
Consider legal advice and mediation
(Step 1 of 4)
Consider legal advice and mediation
Family Law decisions can have an impact on things such as arrangements for your children, maintenance, the family home, money, assets and pensions.
You might want to get legal advice to better understand these impacts. You can decide to represent yourself in your family law matter. While the Courts Service cannot advise or represent people in court, we can inform you that services offered by a legal representative should include:
- advising you of your legal rights
- outlining how you might reach agreement
- preparing and filing your paperwork
- speaking on your behalf in court
If you decide to represent yourself, you will also need to understand court procedures.
Mediation helps to resolve any disputes you may have regarding arrangements for your children, maintenance, the family home, money, assets and pensions. It is a confidential service. All mediators are neutral.
Mediation is not there to help couples reconcile. It is there to encourage you to cooperate and work out mutually acceptable arrangements. During mediation, you can meet with the mediator together or separately.
On average, mediation takes between three and six one-hour sessions.
If you have children, your mediator can ensure that the voice of the child is heard during the mediation process.
Your mediated agreement can be changed or amended as needed. You will need to go to court to do this if, for example, your mediated agreement forms part of a court order.
[LINK TO NEW SUPPORTS/MEDIATION PAGE]
One person completes and submits the initial application
(Step 2 of 4)
One person completes and submits the initial application
To begin divorce proceedings, the applicant (the person making the application for divorce) will need to complete the necessary paperwork to make the initial application and submit it to the court office.
The application has to be made in a Circuit Court office located where either spouse works or lives. For example: if the applicant and respondent both live in Meath but work in Dublin, the application can be made in either the Meath or Dublin Circuit Court.
Complete the application
To create the initial application for divorce, the applicant will need to complete:
- A Civil Bill. This is the application document for the court judge (Form 2N)
- An Affidavit of Means. This is a statement setting out the applicant's financial position (Form 37A)
- An Affidavit of Welfare. This is a statement relating to the welfare of any dependent children of the marriage (Form 37B)
- A document stating they have been advised about mediation. This must be signed and submitted by their solicitor if they have hired one to represent them. If they are representing themselves, they do not have to submit this document (Form 37D)
The applicant must sign all affidavits in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths and swear that the information given is correct.
More information on making a divorce application >
Submit the application
The applicant can now submit three copies of the documents to the appropriate court office. This can be done by post or in person.
If the application documents are approved, the court office will issue the civil bill. This will have an official embossed seal, record number and a date stamp. The court office will return the original civil bill and a copy of any affidavits to the applicant.
Serve the documents
(Step 3 of 4)
Applicant serves the documents
The applicant keeps the original civil bill and a copy of the affidavits for their records. They send a copy of the civil bill and all affidavits to the respondent. Photocopies are acceptable. Alternatively, the applicant's legal representative can send these. This is called serving.
The applicant serves the documents on the respondent by registered post or in person. The applicant can also serve the documents on the respondent's solicitor, provided that the solicitor agrees to accept service.
If the applicant does not have contact details for the respondent, they will need to ask the court for further instruction.
Proof of service
The court will ask for proof that the applicant has sent the documents to the respondent. This is called an Affidavit of Service. The applicant must sign all affidavits in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths to swear that the information given is correct.
In most circumstances the respondent has ten days to respond.
If the applicant is asking the court to make a decision about a pension, they must serve a notice to the trustees of the pension scheme.
Submitting your application
You should send your completed application form and accompanying documents by post to the relevant office.
Go to your probate appointment
(Step 4 of 4)
Once all requirements of the application are met, we will schedule an appointment for you with an official in the Probate Office or District Probate Registry.
We will let you know the location, date and time of the appointment in advance.
What you need to bring with you
To ensure your appointment runs smoothly and to avoid the need for a second visit, you must bring the following items (where applicable) to your appointment:
- The original will and codicil (if any): Ensure you bring the original will and not a copy. During your appointment the probate official needs to see the original document for verification, even though a photocopy was submitted with your application. This helps to avoid the risk of losing or damaging the original will in the post. You may need to contact the solicitor who prepared the will to obtain the original.
- Photo Identification: Acceptable forms of ID include a driver’s license or passport.
- Payment method: Please bring a credit or debit card for the fee payment. If applying to a District Probate Registry, please check in advance with the relevant office regarding accepted payment methods.
- Additional documentation: Bring any other documentation the Probate Office has requested.
If you do not bring photo ID or the original will, we will not be able to proceed with the appointment as planned, and you will need to schedule another appointment.
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.
