The Oath of Executor is the sworn statement in which an executor confirms their entitlement to take out the grant and undertakes to administer the estate faithfully. Its current form is set by S.I. No. 590/2020 and has applied to applications since 1 March 2021. The full application sequence is set out in our executor checklist and the broader Executor’s Guide to probate in Ireland.
When a will appoints more than one executor, the Probate Office does not insist that they swear together. The practice — long settled in Irish probate — is that each executor’s oath can be sworn in counterpart. The counterparts are then collated into one set of papers and lodged as a single application.
Joint oath vs counterpart oaths: which approach applies
Three configurations cover almost every multi-executor case: a joint oath where everyone swears together, counterpart oaths where each executor swears separately, and a single oath where some executors reserve their right to act later or renounce it altogether. The table below maps each scenario to what is sworn and when it is used.
Single executor
One Oath of Executor
Standard case — one person named and willing to act
Original will, death certificate, Notice of Application — Probate, Notice of Acknowledgement (Probate) from Revenue
Joint oath (multiple executors, sworn together)
One oath document signed and sworn by all executors before the same commissioner at the same sitting
Executors are in the same place at the same time and use the same solicitor or commissioner
Same supporting documents — one oath bundle, lodged once
Counterpart oaths (multiple executors, sworn separately)
Each executor swears their own oath in counterpart — different times, different commissioners, often different countries
One executor lives abroad, executors are in different counties, or schedules cannot align
All counterpart oaths are bundled together and lodged with one probate application
One executor only (others reserve or renounce)
Single Oath of Executor reciting that the other executor(s) reserve their rights or have renounced
Co-executor does not wish to act now (reserve) or at all (renounce — must be in writing on the prescribed form)
Renunciation form lodged with the oath; reserved rights need no separate form
The four common configurations for the Oath of Executor in Ireland when more than one executor is named.
| Scenario | What gets sworn | When it’s used | Lodged with |
|---|---|---|---|
| Single executor | One Oath of Executor | Standard case — one person named and willing to act | Original will, death certificate, Notice of Application — Probate, Notice of Acknowledgement (Probate) from Revenue |
| Joint oath (multiple executors, sworn together) | One oath document signed and sworn by all executors before the same commissioner at the same sitting | Executors are in the same place at the same time and use the same solicitor or commissioner | Same supporting documents — one oath bundle, lodged once |
| Counterpart oaths (multiple executors, sworn separately) | Each executor swears their own oath in counterpart — different times, different commissioners, often different countries | One executor lives abroad, executors are in different counties, or schedules cannot align | All counterpart oaths are bundled together and lodged with one probate application |
| One executor only (others reserve or renounce) | Single Oath of Executor reciting that the other executor(s) reserve their rights or have renounced | Co-executor does not wish to act now (reserve) or at all (renounce — must be in writing on the prescribed form) | Renunciation form lodged with the oath; reserved rights need no separate form |
Counterpart oaths in detail
A counterpart oath is the same Oath of Executor form, sworn by one of the named executors on their own. The other executors swear their own counterparts elsewhere. There is no separate “counterpart” form — it is simply the standard oath, executed by each person individually rather than at a single sitting.
Counterparts are the practical default whenever co-executors cannot be in the same room at the same time. The most common triggers are: one executor lives abroad and would otherwise need to travel; executors live in different counties and use different solicitors; or schedules cannot be aligned without delaying the application.
Each counterpart must exhibit the will so that it is identified as the one referred to in the oath. Where the original is held with another executor’s papers, an examined copy is exhibited instead. Order 79 of the Rules of the Superior Courts requires that the exhibited will be marked by the executor and by the person before whom they are sworn, in a way that is clearly distinguishable from the will and its attestation.
Where an executor is non-resident, they swear before a person authorised to administer oaths in their jurisdiction — typically a notary public — or before an Irish consular officer abroad. The sworn counterpart is then forwarded to the solicitor handling the Irish application, who lodges it with the other counterparts. For the wider implications of acting from abroad, see our guide to non-resident executors in Ireland.
How the oath is administered and lodged
These mechanics describe the solicitor-led path, which most multi-executor estates use. Personal applicants take a different route — they swear or affirm their oath in person before the probate official at their Probate Office appointment, not in advance.
For solicitor applications, the oath is sworn before a commissioner for oaths or a practising solicitor who is not the executor’s own solicitor on the application. By the time the papers reach the Probate Office, the oath is already sworn. The commissioner witnesses each executor’s signature, administers the oath, and signs the jurat (the certification at the foot of the sworn document confirming when, where, and before whom it was sworn).
The executor swears that the paper writing exhibited contains the true and original last will of the deceased, and undertakes to faithfully administer the estate by paying the deceased’s just debts and the legacies bequeathed. The original will is exhibited to the oath and marked. The oath itself is short — the form set by SI 590/2020 consolidates earlier separate oath and bond documents into one document with a Part A (case-specific facts) and a Part B (boilerplate undertakings).
Once sworn, each oath (or counterpart) is bundled with the rest of the probate papers: the Notice of Application — Probate, the original will and any codicils, an engrossed copy of the will, the original death certificate, and the Notice of Acknowledgement (Probate) issued by Revenue after the executors filed Form SA.2. The Law Society’s Probate Office Practice Direction requires the original oath plus one copy when lodging. The full application is then submitted to the Probate Office in Dublin or the relevant District Probate Registry.
The Probate Office follows the order of executors as set out in the will when issuing the grant, unless asked to do otherwise. Where one executor is acting and the other is reserving the right to apply later, that fact is recited in the oath itself — no separate form is needed. Where an executor renounces, a written renunciation on the Probate Office form is lodged with the oath.
Costs and timing
Each executor pays a small statutory fee for swearing their oath. Under S.I. No. 616/2003, a commissioner for oaths may charge €10 for taking an affidavit and €2 per exhibit, capped at €30 for all exhibits. The Probate Office application fee is paid once per application — based on the net value of the estate — and ranges from €200 (estates up to €100,000) to €1,300 or more (estates over €1,000,000) for personal applicants, with lower fees for solicitor applications.
Counterpart oaths add little time to the application. Each executor attends a commissioner separately; once the last counterpart is sworn, the bundle can be lodged. For where the time really goes, see our guide to how long probate takes in Ireland and the broader Grant of Probate application process.