Solicitor's guide to applying for a grant of probate

When a person dies having made a valid will and an executor is appointed, the executor can apply for a grant of probate. Once the grant is issued the executor then administers the deceased's assets according to the terms of the will. 

Documents needed for a grant of probate

Use this checklist to ensure you have all the necessary documents for your probate application: 

Required Documents: 

1. Notice of Application for Solicitors - Probate
2. Oath of Executor (original only – no copies are required). 
3. Original will and codicils (if applicable)
4. One engrossment of will (copy of will certified by solicitor to be a true copy of the original)
5. Original death certificate or an interim death certificate from a Coroner (if death certificate has not yet been issued). An original certificate must be included – copies will not be accepted. 
6. Notice of Acknowledgement (Probate)  received from Revenue.ie for deaths on or after December 5, 2001 
7. Inland Revenue Affidavit (CA24)  received from Revenue.ie for deaths before December 5, 2001
8. Probate Fee

Documents required in certain circumstances:

1. Affidavit of Testamentary Capacity from a doctor: if the will was made within 10 years of the date of death and Death Certificate indicates cognitive impairment, Alzheimer’s, or dementia as a cause of death. If the will was made in a solicitor's office, we will only require the affidavit if the will was made within 5 years of the date of death and Death Certificate indicates cognitive impairment, Alzheimer’s, or dementia as a cause of death.
2. Affidavit of Attesting Witness: if the will lacks a valid attestation clause. 
3. Affidavit of Plight and Condition: if the will is torn or shows signs that another document may have been attached to it. 
4. Renunciation Form: if an executor wishes to renounce their rights. 
5. Charitable Bequest Form: if the will contains a charitable bequest, you must complete the Charitable Bequest Form.
6. Court/Probate Officer's Order: certain types of specialised applications will require a Court/Probate Officer's Order. See Order 79 of the Court Rules. If a Court/Probate Officer's order has been made it must be referred to in the oath. 

Important things to check

To avoid unnecessary delays in processing your application it's important that before you submit, you verify that all documents are complete and correct. Common issues that give rise to queries and delays are:

• Title:  Ensure the title specified in the oath is correct.
• Jurat:  The jurat must be fully complete and without errors or omissions. More information on how to complete the jurat can be found in the examples of correct and incorrect jurat page.
• Documents exhibited in the oath: All exhibited documents, including the original will if applicable, must be signed by the applicant and the commissioner for oaths. 
• Deceased name and address:  The name of the deceased along with any variations of their name and their address must be consistent across all documents.
• Application fee:  The correct fee must be included with your application. The full list of fees can be found on the Learn about Fees page.
• Notice of Acknowledgement (Probate) Form: Please ensure to include the most up to date version of this form.