If you have been named as an executor, or you are trying to understand what happens after a loved one passes away, the word “probate” can feel confusing. This guide explains what it means, when it is required, and how the process works — all in plain English. For the full picture, see our complete guide to probate in Ireland.
Probate in plain English
Probate is the legal process of administering a deceased person's estate. “Taking out probate” means having the Probate Office certify that the will is valid and that the executor has authority to act on behalf of the estate. In Ireland, this process is governed by the Succession Act 1965 and overseen by the Probate Office, which is an office of the High Court.
The end result is a document called a Grant of Probate. Banks, the Land Registry, and other institutions require this Grant before they will release assets. Without it, the executor cannot access bank accounts, transfer property, or distribute the estate.
If the person who passed away did not leave a will, a similar process applies — but the court issues a Grant of Administration instead, and the estate is divided according to rules set out in the Succession Act 1965 rather than the wishes of the deceased.
When is probate required?
Not every estate needs probate. Whether you need a Grant depends on the type and value of the assets involved. The table below summarises the most common situations.
Property in the deceased's sole name
Yes
Land Registry requires a Grant
Bank accounts above the bank's threshold
Yes
Typically around €25,000–€35,000, varies by bank
Shares, investments, or insurance policies
Yes
Financial institutions require a Grant
Jointly held property (joint tenancy)
No
Passes automatically to the surviving owner
Life insurance with a named beneficiary
No
Paid directly to the named beneficiary
Small bank balances below the bank's threshold
Usually no
Banks may release small sums without a Grant
Whether probate is required depends on how assets are held and their value.
| Asset type | Probate needed? | Detail |
|---|---|---|
| Property in the deceased's sole name | Yes | Land Registry requires a Grant |
| Bank accounts above the bank's threshold | Yes | Typically around €25,000–€35,000, varies by bank |
| Shares, investments, or insurance policies | Yes | Financial institutions require a Grant |
| Jointly held property (joint tenancy) | No | Passes automatically to the surviving owner |
| Life insurance with a named beneficiary | No | Paid directly to the named beneficiary |
| Small bank balances below the bank's threshold | Usually no | Banks may release small sums without a Grant |
If you are unsure whether your situation requires probate, our free assessment can help you understand what the estate needs.
Who applies for probate?
When there is a valid will, the person named as executor applies for the Grant of Probate. The executor is responsible for gathering the estate's assets, paying debts and taxes, and distributing what remains to the beneficiaries named in the will.
When there is no will, the next of kin applies for a Grant of Administration. The court rules set out a priority order: the surviving spouse or civil partner has first right to apply, followed by children, then parents, then siblings.
There is a valid will
Grant of Probate
The executor named in the will
There is no will (intestacy)
Grant of Administration
Next of kin (usually spouse, civil partner, or child)
There is a will but no executor able to act
Grant of Administration with Will Annexed
A beneficiary or next of kin
The type of grant depends on whether there is a valid will and a willing executor.
| Situation | Grant type | Who applies |
|---|---|---|
| There is a valid will | Grant of Probate | The executor named in the will |
| There is no will (intestacy) | Grant of Administration | Next of kin (usually spouse, civil partner, or child) |
| There is a will but no executor able to act | Grant of Administration with Will Annexed | A beneficiary or next of kin |
What does the probate process involve?
The process generally follows four stages, though the detail varies depending on the size and complexity of the estate. First, the executor values the estate — all assets and liabilities as of the date of death.
Second, the executor completes the Statement of Affairs (Probate) Form SA.2 through Revenue's online portal. This form replaced the old Inland Revenue Affidavit (Form CA.24) in September 2020. It details the estate's assets, liabilities, and beneficiaries.
Third, the executor submits the probate application to the Probate Office in Dublin or a District Probate Registry. The application includes the original death certificate, a photocopy of the will, the Revenue acknowledgement from the Form SA.2, and the Personal Application Form.
Finally, once the Grant of Probate is issued, the executor collects assets, pays debts and taxes, and distributes the estate to the beneficiaries. For a detailed walkthrough of each step, see our step-by-step probate guide.
How long does probate take?
The Probate Office currently takes 10 to 12 weeks to schedule an appointment for personal applications and 18 to 20 weeks for applications lodged through a solicitor. After the appointment, the Grant is typically posted within three weeks.
Including the time needed to value the estate, file the Form SA.2, and distribute assets after the Grant is issued, the full process typically takes 6 to 12 months for a straightforward estate. Complex estates involving property, foreign assets, or disputes can take significantly longer. Our guide to how long probate takes in Ireland explains each stage in detail.
How much does probate cost?
Probate costs are paid from the estate, not from the executor's own pocket. The main costs include solicitor fees (if you use one), Probate Office filing fees, professional valuations for property and other assets, and any Capital Acquisitions Tax (CAT) owed by beneficiaries.
Total costs vary depending on the estate's size, complexity, and whether a solicitor is involved. Our guide to probate costs and fees in Ireland breaks down each expense so you know what to expect.
Should you get professional help?
You can apply for probate yourself — the Probate Office accepts personal applications. However, the Courts Service notes that you must use a solicitor if, among other circumstances, the applicant is under 18, the original will is lost, there are disputes about the will's validity, or the applicant lacks legal capacity.