Having a probate application returned by the Probate Office is more common than most people expect. The Law Society of Ireland's Probate, Administration & Trusts Committee has reported that a significant proportion of applications are returned for correction. For a full overview of the probate process, see our complete guide to probate in Ireland.
The consequences go beyond inconvenience. Each returned application can add months to your timeline, and in some cases the corrected papers are treated as an entirely new application. This guide explains the most common reasons for rejection and how to avoid them.
Why the Probate Office rejects applications
The Probate Office checks every application for accuracy before issuing a Grant of Probate (the court's permission for an executor to manage the estate) or Letters of Administration (the equivalent document when there is no will). When it finds errors, it raises queries. If there are more than three queries on a single application, the Probate Office returns all papers. Applications that fail to correctly state the applicant's legal entitlement are also returned in full.
Returned applications are treated as a new file when resubmitted. This means you re-enter the queue with a new lodgement date and face the current waiting time again from scratch.
The most common reasons for rejection
Based on guidance from the Courts Service, the Law Society of Ireland, and updates from the Probate Officer, the following issues cause the majority of returned applications.
Inconsistent names or addresses
The deceased’s name or address differs between the will, death certificate, SA.2, oath, and notice of application
Cross-check every document before lodging — all must match exactly
Incorrectly executed jurat
The jurat on the oath or affidavit does not comply with S.I. No. 95 of 2009
Ensure the commissioner for oaths certifies identity and the jurat is fully completed
Administration bond errors
The penal sum on the bond is not double the gross estate value, or names are incorrect
Calculate double the gross Irish estate value and verify all names match
Incorrect legal title or entitlement
The application does not correctly state the applicant’s legal entitlement to the grant
Verify the applicant’s relationship and priority under the Succession Act 1965
Missing or outdated documents
Required documents are missing, expired, or not properly certified
Use the Courts Service checklist and ensure all documents are current
Errors on the SA.2 form
Asset values, PPSN, or beneficiary details are incorrect on the Revenue form
Double-check all figures against valuations and verify the PPSN is valid
Will validity concerns
Missing attestation clause, damaged will, or dementia on death certificate without capacity affidavit
Lodge supporting affidavits (attesting witness, plight and condition, or testamentary capacity) as needed
Common reasons the Probate Office returns applications. Sources: Courts Service checklists, Law Society guidance.
| Reason for Rejection | What Went Wrong | How to Avoid It |
|---|---|---|
| Inconsistent names or addresses | The deceased’s name or address differs between the will, death certificate, SA.2, oath, and notice of application | Cross-check every document before lodging — all must match exactly |
| Incorrectly executed jurat | The jurat on the oath or affidavit does not comply with S.I. No. 95 of 2009 | Ensure the commissioner for oaths certifies identity and the jurat is fully completed |
| Administration bond errors | The penal sum on the bond is not double the gross estate value, or names are incorrect | Calculate double the gross Irish estate value and verify all names match |
| Incorrect legal title or entitlement | The application does not correctly state the applicant’s legal entitlement to the grant | Verify the applicant’s relationship and priority under the Succession Act 1965 |
| Missing or outdated documents | Required documents are missing, expired, or not properly certified | Use the Courts Service checklist and ensure all documents are current |
| Errors on the SA.2 form | Asset values, PPSN, or beneficiary details are incorrect on the Revenue form | Double-check all figures against valuations and verify the PPSN is valid |
| Will validity concerns | Missing attestation clause, damaged will, or dementia on death certificate without capacity affidavit | Lodge supporting affidavits (attesting witness, plight and condition, or testamentary capacity) as needed |
Inconsistent names and addresses
The deceased's name and address must be consistent across every document in the application: the will, the death certificate, the Statement of Affairs (Probate) Form SA.2, the notice of application, and the oath. Any discrepancy — even a minor variation in spelling or a different version of a first name — can trigger a query or outright rejection.
Where there are legitimate variations (for example, the will uses a maiden name or a shortened first name), you need to explain them in the oath. The Courts Service solicitor's checklist specifically flags this: names and addresses should be checked for consistency across all documents before lodging.
Incorrectly executed jurats
A jurat is the clause at the end of an oath or affidavit confirming that it was properly sworn. The Law Society has reported that incorrectly executed jurats are still the reason a significant number of applications are rejected.
In Ireland, jurats must comply with S.I. No. 95 of 2009 (a statutory instrument setting out how oaths must be administered). The commissioner for oaths must certify in the jurat how they verified the identity of the person swearing the oath — either through personal knowledge, a known introducer, or a relevant identity document containing a photograph. An incomplete or incorrectly worded jurat will result in rejection.
Administration bond errors
An administration bond is required when applying for Letters of Administration (where there is no will) or a Grant of Administration with Will Annexed (where no executor is willing or able to act). It is not required for a standard Grant of Probate where the named executor applies.
The bond guarantees that the administrator will properly manage the estate. The penal sum on the bond must equal twice the gross value of the Irish estate. The Probate Officer has highlighted that failing to insert double the estate value is one of the most common reasons applications are returned.
Other bond errors include failing to seal the bond, using incorrect names, and not executing the oath and bond as a single consolidated document. Since 2021, the oath and bond have been combined into one form, and some applicants still attempt to separate them.
Problems with the will itself
The Probate Office may raise queries or require additional affidavits if there are concerns about the will. Under Section 78 of the Succession Act 1965, a valid will must be in writing, signed by the testator (the person making the will), and witnessed by two people who saw the testator sign or heard the testator acknowledge the signature.
If the will does not contain an attestation clause (a statement confirming proper execution), the Probate Office will require an Affidavit of Attesting Witness. This affidavit is sworn by one of the witnesses and confirms the circumstances in which the will was signed.
If the will shows signs of physical damage, staple holes suggesting pages were once attached, or any alteration, the Probate Office may require an Affidavit of Plight and Condition. This explains the current state of the document and confirms it has not been tampered with.
If the death certificate mentions dementia, Alzheimer's disease, or another cognitive impairment, the Probate Office will require an Affidavit of Testamentary Capacity where the will was made within ten years of death, or within five years if the will was made in a solicitor's office. This affidavit is typically provided by the deceased's GP and confirms that the person had the mental capacity to make a valid will at the time it was executed.
Errors on the Statement of Affairs (Form SA.2)
The Statement of Affairs (Probate) Form SA.2 is filed through Revenue's online portal (myAccount or ROS) and replaced the old Inland Revenue Affidavit (Form CA.24) in September 2020. While Revenue issues the Notice of Acknowledgement used in the probate application, errors on the SA.2 can create problems at the Probate Office stage.
Common issues include incorrect asset valuations, an invalid PPSN, and discrepancies between the estate value on the SA.2 and the value stated in the oath. Revenue does not accept a PPSN ending in “W” — a legacy format once assigned to married women. If this applies, you need to obtain a new PPSN from the Department of Social Protection before filing.
If you discover an error on the SA.2 after filing, you can submit a correction through Revenue to amend material errors or omissions — for example, an asset that was not known at the time of filing, or property incorrectly included. Fluctuations in property values after the date of death are not considered material errors and cannot be corrected through this process.
How rejection affects your timeline
The most significant consequence of a rejected application is the delay. When the Probate Office returns an application, you need to correct the errors and resubmit. Depending on the severity of the issues, the impact ranges from a few extra weeks to several additional months.
Application accepted first time
No additional delay
Minor query raised (1–2 issues)
4–12 weeks to resolve and re-enter queue
Application returned (3+ queries or wrong legal title)
Full re-queue: current wait time applies from new lodgement date
Multiple rejections
Each rejection adds another full cycle — delays can compound to 6+ months
Timeline impact depends on whether the application is queried or fully returned.
| Scenario | Estimated Additional Delay |
|---|---|
| Application accepted first time | No additional delay |
| Minor query raised (1–2 issues) | 4–12 weeks to resolve and re-enter queue |
| Application returned (3+ queries or wrong legal title) | Full re-queue: current wait time applies from new lodgement date |
| Multiple rejections | Each rejection adds another full cycle — delays can compound to 6+ months |
For context, the Dublin Probate Office is currently processing applications in approximately 7 weeks, with other district registries varying by region. Processing times have improved significantly from the 17–25 week range seen in previous years. A single rejection can still effectively double your total waiting time, as you re-enter the queue from scratch. For more on current waiting times, see our guide to why probate takes so long in Ireland.
How to avoid rejection
Most rejections are caused by preventable errors. The following steps reduce the risk of your application being returned.
Use the Courts Service checklists. The Courts Service publishes detailed checklists for both Grants of Probate and Grants of Administration. Work through every item before lodging your application.
Cross-check names and addresses.Before submitting, lay out all your documents side by side and confirm that the deceased's name and address are identical on the death certificate, will, SA.2, oath, and notice of application. Explain any legitimate variations in the oath.
Verify the jurat. Ensure the commissioner for oaths completes the full jurat, including the identity verification method, in compliance with S.I. No. 95 of 2009. An incomplete jurat is one of the easiest errors to make and one of the most common reasons for rejection.
Calculate the bond correctly. If your application requires an administration bond, the penal sum must be exactly double the gross Irish estate value. Use the figure from the SA.2 and multiply by two.
Lodge supporting affidavits proactively. If the will lacks an attestation clause, is damaged, or the death certificate mentions cognitive impairment, include the relevant affidavit with your initial application rather than waiting for the Probate Office to request it.
What to do if your application has been rejected
If the Probate Office has raised queries or returned your application, the first step is to read the correspondence carefully. The office will specify which issues need to be addressed. Respond to each query precisely and re-lodge the corrected papers.
If you started the application yourself and are finding it difficult to resolve the issues, a solicitor can take over from where you left off. You do not need to start the entire process from scratch. The solicitor reviews what you have already prepared, corrects the problems, and re-lodges on your behalf.