The Probate Process Explained

If you are the executor or administrator of an estate, you may need to go through the Probate process. This involves making an application to the Probate Office.

Is Probate needed?

When someone dies, it is necessary to locate their most recent Will. This confirms who the executors of their estate should be. If there is no Will, the deceased’s next of kin is appointed as an administrator. Executors and administrators are also known as personal representatives.

If you are a personal representative, you need to work out if Probate is needed. Probate is a legal process that happens when someone dies. It confirms the validity of the Will and ensures the personal representatives have the authority to administer the estate. Probate is only necessary if –

The deceased owned assets of a certain value, and
The deceased owned assets in their sole name

If you are not sure whether or not Probate is required, please contact us at Mullins & Treacy LLP Solicitors for advice.

Call us on 051 391 488 or email reception@mullinstreacy.ie for a free no obligation enquiry.

The Probate process

If Probate is needed, you can appoint a solicitor to make the application for you. Or, you can do it by yourself. Lots of people choose to use a solicitor because it can involve a considerable amount of work, especially if the estate is complicated – for example, there are overseas assets.

Typically, the Probate process involves the following steps –

Calculate the value of the deceased’s estate, including the value of their assets (except those passing directly to a joint owner) and the value of their debts
Fill out the right Probate forms. If you are applying yourself, this will be Form PA2 (the form for personal applicants)
Fill out two copies of an Inland Revenue Affidavit
Swear both copies of the Inland Revenue Affidavit in front of a solicitor or commissioner for oaths
Submit an application to the Probate Office. This involves sending the original death certificate, a copy of the Will, the PA2 form and both Inland Revenue Affidavits
Attend the Probate Office for an interview
Swear an oath
Pay the Probate fees

Once Probate is granted, you are free to deal with the deceased’s assets. You can then move onto the next stage, which is administering the estate. This requires yet more work, including paying the deceased’s debts, selling or transferring property (if applicable), settling tax liabilities and distributing the estate to the beneficiaries.

Probate solicitors

You are perfectly entitled to ask a Probate solicitor to complete the Probate process for you. A solicitor can also handle the administration of the estate. This removes the burden from your shoulders and minimises the risk of any mistakes.

If you would like speak to a Probate solicitor in Ireland, contact us now at Mullins & Treacy LLP Solicitors. We are client focused and results driven.

Call us on 051 391 488 or email reception@mullinstreacy.ie for a free no obligation enquiry.