Discovering that a loved one did not leave a will can be unsettling, especially when the family needs clarity about who inherits the estate and what happens next. In Ireland, the Succession Act 1965 provides a clear set of rules that determine how an intestate estate is distributed. The process is similar to standard probate, but with some important differences.
This guide explains what intestacy means, who inherits under Irish law, how to apply for the legal authority to administer the estate, and what to expect in terms of costs and timeline. Whether you are the next of kin trying to understand your rights or planning ahead, we aim to give you a clear picture of how intestacy works in Ireland.
What does intestacy mean?
Intestacy means dying without a valid will. In Ireland, when someone passes away without leaving a will — or when their will is invalid — their estate is described as “intestate.” The Succession Act 1965 (specifically Part VI, Sections 67–75) sets out exactly how the estate must be distributed.
Unlike a will, where the person who has passed away chooses who inherits, intestacy follows a fixed legal formula based on family relationships. There is no room for personal wishes or instructions — the law decides who receives what.
Instead of an executor (who is named in a will), the court appoints an administrator — usually the closest next of kin — to manage the estate. The administrator applies for a Grant of Administration Intestate, which serves the same practical purpose as a Grant of Probate.
Who inherits when there is no will?
The Succession Act 1965 sets out a strict hierarchy for who inherits on intestacy. The estate passes to the closest surviving relatives first. If no relatives in a category survive, the estate moves to the next category down. The table below summarises the rules.
Spouse or civil partner, no children
Spouse/civil partner inherits the entire estate
Section 67(1)
Spouse or civil partner and children
Spouse/civil partner receives two-thirds; children share the remaining one-third equally
Section 67(2)
Children only (no surviving spouse)
Children share the entire estate equally
Section 67(3)
Parents (no spouse, no children)
Parents share equally, or one parent inherits all if only one survives
Section 68
Siblings only
Siblings share the entire estate equally
Section 69
Nieces and nephews only
They share their deceased parent's portion equally
Section 69
No close relatives survive
Estate passes to next of kin in order: grandparents, aunts/uncles, first cousins
Sections 70–71
No relatives can be found
The estate passes to the State
Section 73
Distribution rules under the Succession Act 1965, Part VI. These rules apply to deaths after 1 January 1967.
| Family situation | Who inherits | Succession Act section |
|---|---|---|
| Spouse or civil partner, no children | Spouse/civil partner inherits the entire estate | Section 67(1) |
| Spouse or civil partner and children | Spouse/civil partner receives two-thirds; children share the remaining one-third equally | Section 67(2) |
| Children only (no surviving spouse) | Children share the entire estate equally | Section 67(3) |
| Parents (no spouse, no children) | Parents share equally, or one parent inherits all if only one survives | Section 68 |
| Siblings only | Siblings share the entire estate equally | Section 69 |
| Nieces and nephews only | They share their deceased parent's portion equally | Section 69 |
| No close relatives survive | Estate passes to next of kin in order: grandparents, aunts/uncles, first cousins | Sections 70–71 |
| No relatives can be found | The estate passes to the State | Section 73 |
Spouse or civil partner and children
This is the most common intestacy scenario. The surviving spouse or civil partner receives two-thirds of the estate. The remaining one-third is divided equally among the children. If a child has already passed away but left children of their own (the deceased's grandchildren), those grandchildren share their parent's portion. This is known as the “per stirpes” rule.
Spouse or civil partner, no children
When there is a surviving spouse or civil partner but no children or grandchildren, the spouse or civil partner inherits the entire estate. Parents, siblings, and other relatives do not receive any share.
Children only, no spouse
If there is no surviving spouse or civil partner, the children share the entire estate equally. If a child has predeceased the parent but has children of their own, those grandchildren take their parent's share.
No spouse and no children
Where neither a spouse nor children survive, the estate passes through a further hierarchy: first to the deceased's parents (shared equally, or entirely to one parent if only one survives), then to siblings (shared equally), then to nieces and nephews, then to grandparents, then to aunts and uncles, and then to first cousins. If no relatives can be traced at all, the estate ultimately passes to the State under Section 73 of the Act.
Probate vs intestacy: what is different?
The administration of an intestate estate follows a very similar process to probate with a will. The key differences are the type of grant issued and who has the right to apply.
There is a valid will
Grant of Probate
The executor named in the will
There is no will (intestacy)
Grant of Administration Intestate
Next of kin — spouse/civil partner has priority, then children, then parents
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 Intestate | Next of kin — spouse/civil partner has priority, then children, then parents |
| There is a will but no executor able to act | Grant of Administration with Will Annexed | A beneficiary or next of kin |
One additional requirement for intestacy is the administration bond. This is a legal guarantee that the administrator will carry out their duties properly. The bond is typically for twice the value of the estate and sureties are no longer routinely required unless directed by the High Court, Probate Officer, or District Probate Registry. A solicitor can help arrange the bond.
How to apply for a Grant of Administration
The process for administering an intestate estate in Ireland follows these six stages. Timelines vary depending on the complexity of the estate and family circumstances.
Establish that there is no valid will
Determine who has the right to apply
Value the estate
Complete the Statement of Affairs (Probate) Form SA.2
Apply to the Probate Office for a Grant of Administration
Collect and distribute the estate
How long does intestacy administration take?
Like probate with a will, administering an intestate estate typically takes 6 to 12 months from the date of death to final distribution. The timeline depends on the same factors: how quickly assets can be valued, how long Revenue takes to process the Form SA.2, and current Probate Office waiting times. For a detailed breakdown of each stage, see our guide to how long probate takes in Ireland.
Intestate estates can sometimes take longer than testate estates because of additional complexity. Confirming the correct beneficiaries under the Succession Act can be time-consuming when families are large, when relatives are estranged, or when there is disagreement about the distribution. The administration bond also adds a step to the process.
What does it cost?
The costs of administering an intestate estate are similar to those for probate with a will. Total costs typically range from €3,000 to €15,000 or more, depending on the complexity of the estate. For a full breakdown, see our guide to probate costs and fees in Ireland.
Probate Office filing fees
Filing fees are based on the net value of the estate and differ depending on whether you apply through a solicitor or make a 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
Source: Courts Service of Ireland. Fees may change — check courts.ie for the latest schedule.
| 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 |
Other costs
The family home on intestacy
What happens to the family home is often the most pressing question for families dealing with intestacy. The answer depends on how the property was owned.
If the home was owned as joint tenants, it passes automatically to the surviving co-owner by right of survivorship. It does not form part of the intestate estate and is not affected by the distribution rules.
If the home was in the deceased's sole name or owned as tenants in common, the deceased's share forms part of the estate and is distributed according to the intestacy rules.
Partial intestacy
Partial intestacy occurs when a will exists but does not cover all of the deceased's property. Under Section 74 of the Succession Act 1965, any assets not dealt with by the will are distributed according to the intestacy rules, as though the deceased had died intestate and left only that property. The intestacy distribution is treated entirely separately from the provisions of the will.
This can happen when assets are acquired after the will was written, when a beneficiary named in the will has predeceased and no alternative was specified, or when a specific gift in the will fails for some other reason.
Important rules to understand
Several aspects of Irish intestacy law differ from what many people expect.
Should you get professional help?
Administering an intestate estate is legally and practically complex. While you can make a personal application to the Probate Office, many families benefit from professional guidance — particularly when the estate includes property, when the family situation is complicated, or when tax liabilities are likely.
Common situations where professional help is recommended include estates with property in the deceased's sole name, families with disagreements about distribution, estates where Capital Acquisitions Tax applies, and situations involving foreign assets or cross-border elements.