If you have been named as an executor in a will, you are the person the law looks to when it comes to managing the estate. It is a significant responsibility — but with the right guidance, it is manageable. This guide explains every duty, the typical timeline, the personal liability risks you should know about, and when to consider professional help.
The Succession Act 1965 governs executor duties in Ireland, and the Probate Office — an office of the High Court — oversees the process. For a broader overview of the entire probate process, see our complete guide to probate in Ireland.
What is an executor?
An executor (also called a “personal representative”) is the person named in a will to administer the deceased's estate. The executor's authority comes from the will itself, but they need a Grant of Probate — a legal document issued by the Probate Office — before banks, the Land Registry, and other institutions will release assets.
Once you accept the role and extract the Grant of Probate, the responsibility is yours until the estate is fully administered. The Courts Service notes that the role of personal representative, once accepted, is for life. For a plain-English explanation of the role, see our guide to what a will executor is.
Core duties of an executor in Ireland
The Law Society of Ireland summarises the executor's core duties as: identify all assets and liabilities, get control of the assets, pay all liabilities, and distribute what remains to the beneficiaries. In practice, this breaks down into the following responsibilities.
For more detail on each of these duties, see our executor checklist: every step from death to distribution.
Executor timeline: step by step
The timeline below is a realistic guide for a straightforward estate. Complex estates involving property sales, foreign assets, or disputes will take longer. The overall process typically takes six to 12 months.
Secure the estate and locate the will (week 1)
Register the death and obtain death certificates (weeks 1–2)
Value all assets and liabilities (weeks 2–8)
File the Statement of Affairs (Form SA.2) with Revenue (weeks 6–10)
Apply to the Probate Office (weeks 8–12)
Attend the probate appointment and receive the Grant (weeks 18–24)
Place statutory notices (after Grant is issued)
Collect assets, pay debts, and distribute the estate
For a detailed breakdown of timelines and what causes delays, see our guide to how long probate takes in Ireland.
Personal liability: what executors are responsible for
The executor is not personally responsible for the deceased's debts — those are paid from the estate. However, the executor is personally liable if they fail to administer the estate correctly. The Law Society of Ireland is clear: if the personal representative fails to make sure that relevant taxes are paid, they are personally liable.
Unpaid taxes
Revenue can pursue the executor personally for income tax, capital gains tax, or Capital Acquisitions Tax (CAT) that should have been paid from the estate
File the Form SA.2 promptly and ensure all tax obligations are discharged before distributing assets
Undisclosed debts
Creditors can sue the executor for debts that were not paid before the estate was distributed
Place statutory notices under Section 49 of the Succession Act 1965 and wait for the notice period to expire
Incorrect distribution
Beneficiaries who received less than their entitlement can hold the executor accountable
Verify all entitlements, including the spouse's legal right share under Section 111, before distributing
HSE Fair Deal claim
The HSE can seek repayment of nursing home costs from the estate. If the executor distributes without checking, they may be personally liable
Confirm whether the deceased received Fair Deal nursing home support and whether a charge exists on property
Section 117 claim by a child
A child of the deceased may apply to court within 6 months claiming the parent failed in their moral duty to provide for them
Be aware of this risk before distributing and consider professional advice if the will appears to leave a child without reasonable provision
Key personal liability risks for executors in Ireland. Professional guidance significantly reduces these risks.
| Liability risk | What it means | How to protect yourself |
|---|---|---|
| Unpaid taxes | Revenue can pursue the executor personally for income tax, capital gains tax, or Capital Acquisitions Tax (CAT) that should have been paid from the estate | File the Form SA.2 promptly and ensure all tax obligations are discharged before distributing assets |
| Undisclosed debts | Creditors can sue the executor for debts that were not paid before the estate was distributed | Place statutory notices under Section 49 of the Succession Act 1965 and wait for the notice period to expire |
| Incorrect distribution | Beneficiaries who received less than their entitlement can hold the executor accountable | Verify all entitlements, including the spouse's legal right share under Section 111, before distributing |
| HSE Fair Deal claim | The HSE can seek repayment of nursing home costs from the estate. If the executor distributes without checking, they may be personally liable | Confirm whether the deceased received Fair Deal nursing home support and whether a charge exists on property |
| Section 117 claim by a child | A child of the deceased may apply to court within 6 months claiming the parent failed in their moral duty to provide for them | Be aware of this risk before distributing and consider professional advice if the will appears to leave a child without reasonable provision |
For a detailed exploration of each liability risk and how to manage it, see our guide to executor liability in Ireland.
Protecting yourself: Section 49 notices
Section 49 of the Succession Act 1965 provides an important safeguard for executors. It allows you to place public notices calling on creditors and other claimants to come forward within a specified period. Once that period expires, you can distribute the estate and are not liable for any claims you did not know about at the time of distribution.
This protection is not absolute. Creditors who missed the notice can still pursue assets in the hands of the people who received them. But the executor personally is protected, provided they had no knowledge of the outstanding claim when they distributed the estate.
The surviving spouse's legal right share
Under Section 111 of the Succession Act 1965, a surviving spouse or civil partner has a legal right to a fixed share of the estate, regardless of what the will says. If the deceased left no children, the spouse is entitled to one-half of the estate. If there are children, the spouse is entitled to one-third.
The executor has a legal obligation to notify the surviving spouse of this right. Failing to do so can expose the executor to personal liability. The spouse can choose to take their legal right share instead of whatever the will provides, if the legal right share is more favourable.
Children's claims under Section 117
Section 117 of the Succession Act 1965 allows a child of the deceased to apply to the court if they believe the parent failed in their moral duty to make proper provision for them. The court considers the application from the standpoint of a “prudent and just parent.”
A Section 117 application must be made within six months of the first taking out of representation (that is, six months from the date the Grant of Probate is issued). Executors should be aware of this possibility, particularly where the will appears to leave a child without reasonable provision. A successful Section 117 claim can alter how the estate is distributed.
Tax responsibilities
Tax is one of the most complex areas of estate administration, and one of the most common sources of executor liability. The executor is responsible for ensuring all tax obligations are met before distributing the estate.
Capital Acquisitions Tax is paid by the beneficiaries, not the estate itself, at 33% on amounts above the tax-free threshold. However, the executor is responsible for ensuring the correct amount is paid. If the executor distributes assets without ensuring CAT has been accounted for, they are personally liable.
Group A
Child, minor child of a predeceased child
€400,000
Group B
Sibling, niece, nephew, grandchild, parent (in certain cases)
€40,000
Group C
All other relationships (including strangers)
€20,000
CAT thresholds effective from 2 October 2024. These thresholds are cumulative since 5 December 1991 and include all prior gifts and inheritances from the same group.
| Group | Relationship to deceased | Tax-free threshold |
|---|---|---|
| Group A | Child, minor child of a predeceased child | €400,000 |
| Group B | Sibling, niece, nephew, grandchild, parent (in certain cases) | €40,000 |
| Group C | All other relationships (including strangers) | €20,000 |
For a full breakdown of how tax affects the estate, see our guide to probate costs and fees in Ireland.
Probate Office fees
The Probate Office charges a filing fee based on the net value of the estate. Personal applications (without a solicitor) attract higher fees than solicitor applications.
Up to €100,000
€100
€200
Up to €250,000
€200
€400
Up to €500,000
€350
€700
Up to €750,000
€500
€1,000
Up to €1,000,000
€650
€1,300
Probate Office filing fees. Estates over \u20ac1,000,000: solicitor fee is \u20ac650 plus \u20ac400 per additional \u20ac500,000; personal application fee is \u20ac1,300 plus \u20ac800 per additional \u20ac500,000.
| Net estate value | Solicitor application | Personal application |
|---|---|---|
| Up to €100,000 | €100 | €200 |
| Up to €250,000 | €200 | €400 |
| Up to €500,000 | €350 | €700 |
| Up to €750,000 | €500 | €1,000 |
| Up to €1,000,000 | €650 | €1,300 |
Can you refuse to be an executor?
Yes. Being named as an executor does not oblige you to accept the role. You have three options when the time comes:
If you have already started dealing with the estate (known as “intermeddling”), renouncing becomes more complex and may require a court application. Make your decision before taking any steps to administer the estate.
Joint executors: how shared responsibility works
When a will names two or more executors, they share equal legal responsibility for the estate. Decisions should be made unanimously unless the will provides otherwise. The Grant of Probate is issued in all their names.
In practice, one executor often takes the lead on day-to-day tasks — contacting banks, arranging valuations, corresponding with the Probate Office — while keeping the other executors informed and involved in key decisions. If executors disagree and cannot resolve the dispute, the matter may need to be referred to the court.
The executor's year
The “executor's year” is the traditional 12-month period from the date of death within which the estate should be administered. It is not a hard legal deadline, but it sets the expectation for reasonable progress.
Beneficiaries cannot generally bring proceedings against an executor for delay until the executor's year has passed. After that period, the court may intervene if the executor has not acted with reasonable diligence. In practice, most straightforward estates are fully administered within six to 12 months.
When to get professional help
You can apply for a Grant of Probate personally without a solicitor — the Probate Office accepts personal applications. However, the complexity of many estates means professional guidance is often worthwhile. The Law Society of Ireland recommends consulting a solicitor, noting that executors should seek advice if they have any doubt about their role.
The cost of professional advice is paid from the estate, not from your own pocket. A solicitor handles the legal process, a tax advisor ensures Revenue obligations are met, and a property valuer provides the valuations needed for the Form SA.2.