Information for solicitors objecting to a probate application
Citations
If someone has an interest in the assets of a deceased individual, such as a beneficiary or a creditor, they can call on the executor or the next of kin to apply for a grant of probate or show cause as to why the grant should not issue to the citer.
When a citation is being served by the Chief State Solicitors, they must show proof of service of the citation by advertising in four national publications over a continual weekly basis.
For a citation, you must submit the following:
- A caveat
- 3 citations (Order 79 Rule 52-8, and Forms 23-32 Appendix Q) 1 original and 2 copies
- A grounding affidavit – exhibiting the death certificate and will (where appropriate)
- A fee of €130 (€30 for the citation and €100 for lodging the caveat)
Citations to exhibit inventories
If a grant of representation has been issued and a person with an interest in the deceased estate is compelled to exhibit an inventory, the procedure is the same as above, but no caveat is required.
Once the citation is approved, it will be signed and dated by the Probate Office. A sealed original and a copy will be returned to the applicant.
Serving a citation
- The original citation must be shown to the cited party, and a copy given to them.
- If the person has a solicitor on record, the citation can be served by registered post.
The cited party has 14 working days to lodge an appearance to the citation.
Side Bar Orders
Appearances to a Citation
An appearance to a citation is a written response by the cited party and must be lodged within 14 working days of being served.
To lodge an appearance to a citation, you must:
- Complete and sign the appearance
- Pay the €30 fee
An appearance lodged beyond 14 working days may be accepted, once no affidavit of service has been lodged.
No Appearance to Citation
If there is no appearance lodged within 14 working days, the party who lodged the citation may submit an Affidavit of Service along with a fee of €50. Exhibiting the original registered post slip where appropriate.
The Probate Office will then draft a Certificate of No Appearance stating that no appearance was received, to nullify the cited party’s priority.
14 Day Ruling
If the party – who was cited – lodges an appearance but fails to obtain a grant of representation, the party who issued the citation can apply for a 14 Day Ruling if no application is made.
They must:
- Submit a Grounding Affidavit
- Pay the €50 fee
If approved, the Probate Office will prepare and provide two copies of a 14 Day Ruling to the applicant, which then must be personally served.
If the cited party has a solicitor, service can be done by registered post.
The cited party then has 14 working days to apply for a grant of representation. Failure to do so allows the party who issued the citation to submit an Affidavit of Service, along with a fee of €50.
Certificate of No Application
This is the final side bar issued by the Probate Office and will set aside the priority of the cited party.
They must:
- Submit an affidavit of service
- Pay the €50 fee
Following this, the Probate Office will draft the final sidebar order, removing the cited party's priority.
The cited party can apply to the Probate Office for an extension of time to lodge an application.
