Irish probate

How to get Probate in Ireland

Are you dealing with the estate of someone who died owning assets in Ireland? If so we hope that the below answers to some frequently asked questions will assist you.

If you have any queries or wish to get a recommendation for a lawyer to assist you with an Irish inheritance or application for Irish Grant of probate, please contact us and we will be happy to arrange a free, no obligation fee quote.

What is Irish Probate?

When a person dies owning assets in Ireland, a document known as a ‘Grant of Representation’ issued by the Irish probate office is required to confirm who can deal with the estate of the deceased person.

Grant of Representation is a collective term. It includes a “Grant of probate” (which is issued to the person appointed as executor in the will -if the deceased made a will) and “Grant of Letter of Administration” (which is issued to the administrator where the deceased didn’t leave a will – this is usually the next of kin). Often both grants are referred to as ‘probate’.

Once issued, the relevant Grant will need to be presented to the Land Registry/ Bank/ Share registrar who are holding the assets in the name of the deceased. They can then release the deceased’s assets to the appointed executor/ administrator.  

When is Irish Probate Needed?

You will need to apply for Irish probate if you are dealing with an estate where a person who died owning:

  • property/land in Ireland
  • bank accounts in Ireland (as a rule of thumb bank accounts containing usually around €25,000 or more will require probate, however the bank may insist on probate for lower values).
  • shares registered in Ireland (as a rule of thumb usually shares valued at around €25,000 or more will require probate, however the share registrar may insist on probate for lower values).

Usually the asset holder (ie the bank, land registry etc) will advise you if they require probate when they are notified of the death.

Who can apply for Probate in Ireland?

If the deceased made a will, the people appointed as the executor(s) in the deceased’s will are entitled to make an application for a Grant of Probate. This person is known as the ‘executor’ of the estate.

If the deceased person did not make a will, then the deceased’s next of kin will need to make an application for a Grant of Letter of Administration. This person is known as the ‘administrator’ of the estate.

The executor(s) or the administrator(s) will be entitled to deal with the deceased’s assets once the Grant has been issued to them. This includes collecting in the deceased’s assets, paying off any debts of the deceased and paying the inheritance to the deceased’s beneficiaries.

Do you need to instruct a lawyer to get probate in Ireland?

There are 2 ways to obtain an Irish Grant of Probate /Letter of Administration.

You can:

  1. make a Personal Application for the Grant (ie without the assistance of a lawyer); or
  2. instruct an Irish lawyer to make the application for the Grant on your behalf.

The Personal application route is only for the most straightforward of cases. This requires that you as the executor/ next of kin make the application directly to the Probate Office without the assistance of a solicitor.

Instructing an Irish solicitor is recommended as most people find it much easier. Your Irish lawyer can complete the required forms, provide you with the necessary advice, deal with the Probate Office, apply for the required PPS numbers, deal with the payment of any debts and collect in the assets.

It is strongly recommended to instruct an Irish lawyer if the estate includes any international aspects i.e. if the deceased, an executor or any beneficiaries live outside of Ireland or if any aspect of the estate is likely to be disputed or become complex.

However, there are circumstances in which you must instruct an Irish lawyer to obtain probate in your behalf.

You must use an Irish solicitor if any of the following circumstances apply:

  • The person entitled to get the Grant of Representation is under 18
  • There are issues concerning the validity of the will
  • There are disputes among the next of kin about the estate
  • The original will is lost
  • A beneficiary of the will of more than €20,000 (apart from the spouse of the deceased) lives outside of Ireland and the potential applicant for the Grant of Representation also lives outside of Ireland
  • The deceased person lived outside Ireland and left a will in foreign language
  • The person entitled to get the Grant of Representation is a ward of court (ie the court has decided does not have capacity to look after their own affairs) or of unsound mind
  • There are other circumstances which, in the opinion of the Probate Office, need the assistance of a solicitor.

If you would like to get in touch with an Irish lawyer to assist you with an application for Irish Probate or Irish Grant of Letter of Administration or to provide any advice regarding an Irish inheritance, please contact us. We will be happy to provide you with a recommendation for a specialist Irish Probate lawyer and a free, no obligation fee quote.

How to get probate in Ireland

You will need to decide if you wish to make a personal application and obtain the probate yourself or use the services of an Irish lawyer to obtain probate on your behalf.

To help make your decision it may be helpful to obtain a quote from an Irish Probate lawyer . Please contact our team and we will be able to arrange a recommended Irish probate lawyer to contact you to provide a free, no obligation fee quote.

To make a personal application you will need to start the process online and can do this via the Irish Revenue’s online service.

Whether making a personal application or instructing an Irish lawyer. The following will be required to obtain Irish Probate/ Letter of Administration:

  • Personal details of the deceased including their Irish PPS number.
  • Details of the person applying for Probate/ Letter of Administration.
  • Details of the assets of the deceased at the date of death (ie everything that they owned) including those passing outside of the will/ intestacy.
  • Details of the liabilities of the deceased at the date of death (ie all debts and other payments their owed money).
  • The deceased’s original will and any codicils.
  • Original Death Certificate.
  • Court sealed and certified copy of the Grant of Representation and Will issued in the country where the deceased lived (if the deceased did not live in Ireland).
  • PPS numbers for all beneficiaries. Beneficiaries who live outside of Ireland and do not have a PPS number, will need to obtain one. If you are appointing a solicitor to assist with the probate, they will be able to assist with this.

If you wish to instruct an Irish solicitor to apply for Irish Probate/ Letter of Administration, please feel free to contact our friendly team on 0044 (0)1244 470339 or info@worldwidelawyers.co.uk and we will put you in you in touch with a lawyer to assist you.