When a loved one passes away, dealing with their estate can feel overwhelming — especially when you are not sure where to start. This guide explains the entire probate process in Ireland: what it means, how it works, what it costs, and when you might need professional help. Whether you have been named as an executor in a will or you are researching the process in advance, this page covers everything you need to know.
Probate in Ireland is governed by the Succession Act 1965 and overseen by the Probate Office, which is an office of the High Court. The process applies to everyone — whether the estate is large or small, whether there is a will or not.
What is probate?
Probate is the legal process of administering a deceased person's estate. In practical terms, “taking out probate” means having the Probate Office certify that the will is valid and that the named executor has authority to act on behalf of the estate.
The end result is a document called a Grant of Probate. This is the legal authority that banks, the Land Registry, and other institutions require before they will release assets. Without a Grant, the executor cannot access bank accounts, transfer property, or distribute the estate.
If there is no will, a similar process applies — but the court issues a Grant of Administration instead. The estate is then divided according to the rules of intestacy set out in the Succession Act 1965 rather than the wishes of the deceased. Our guide to intestacy in Ireland explains this in full.
Types of grant
The Probate Office issues different types of grant depending on whether there is a valid will and whether the named executor is able to act. The table below summarises the three main types.
| 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 |
For a detailed explanation of what a Grant of Probate is and how it works, see our guide to what a Grant of Probate means.
When is probate required?
Not every estate needs probate. Whether you need a Grant depends on the type and value of the assets involved. As a general rule, probate is required when the estate includes property in the deceased's sole name, bank accounts above the bank's internal threshold, or shares and investments.
| Asset type | Probate needed? | Detail |
|---|---|---|
| Property in the deceased's sole name | Yes | Land Registry requires a Grant to transfer ownership |
| 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 before releasing assets |
| Jointly held property (joint tenancy) | No | Passes automatically to the surviving owner by right of survivorship |
| 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.
The probate process: step by step
The probate process in Ireland follows six main stages. The timeline varies depending on the size and complexity of the estate, but a straightforward estate typically takes six to 12 months from start to finish.
Register the death and obtain the death certificate
Value the estate
Complete the Statement of Affairs (Probate) Form SA.2
Submit the probate application
Attend the probate appointment
Collect assets, pay debts, and distribute the estate
For a more detailed walkthrough of each stage including timelines, see our step-by-step probate process guide.
How long does probate take in Ireland?
The Probate Office currently takes 10 to 12 weeks to schedule an appointment for personal applications. After the appointment, the Grant is typically posted within three weeks. The total time from application to Grant is therefore around 13 to 15 weeks for personal applications.
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 six to 12 months for a straightforward estate. Complex estates involving property, foreign assets, business interests, or disputes can take considerably longer.
What does probate cost in Ireland?
Probate costs are paid from the estate, not from the executor's personal funds. The main costs include Probate Office filing fees, solicitor fees (if you use one), professional valuations for property and other assets, and any Capital Acquisitions Tax (CAT) owed by beneficiaries.
Probate Office filing fees
Filing fees depend on the net value of the estate and whether you apply through a solicitor or make a personal application. Personal applications are more expensive than solicitor applications.
| 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 to expect
For a full breakdown of every cost involved, see our guide to probate costs and fees in Ireland.
What documents do you need for probate?
The documents required depend on whether you are making a personal application or applying through a solicitor, but the core requirements are the same. You will need the following to submit a probate application.
For guidance on which forms to use and how to complete them, see our guide to probate forms in Ireland.
What does an executor do?
The executor is the person named in the will to administer the estate. Their responsibilities begin from the moment of death, even before the Grant of Probate is issued. The executor has wide-ranging powers and duties set out in the Succession Act 1965.
Key duties include securing the deceased's property and assets, valuing the estate, filing the Statement of Affairs (Probate) Form SA.2 with Revenue, applying for the Grant of Probate, collecting all assets, paying debts and taxes, and distributing the remaining estate to the beneficiaries named in the will.
The executor has what is known as the “Executor's Year” — 12 months from the date of death — to complete the administration of the estate. After this period, beneficiaries may begin to question the delay.
Inheritance tax (Capital Acquisitions Tax)
Capital Acquisitions Tax (CAT) is Ireland's inheritance and gift tax. It is paid by the beneficiary, not by the estate. CAT is charged at 33% on the value of inherited assets above the relevant tax-free threshold.
The tax-free threshold depends on the relationship between the beneficiary and the deceased. Ireland uses a group threshold system with three categories.
| Group | Relationship to the 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 |
A surviving spouse or civil partner is exempt from CAT on inheritances from their partner. The small gift exemption allows gifts of up to €3,000 per person per year to be received without CAT implications.
The legal right share
Even when there is a valid will, a surviving spouse or civil partner has a legal right to a share of the estate under Section 111 of the Succession Act 1965. This right takes priority over the terms of the will.
If the deceased left children, the surviving spouse or civil partner is entitled to one-third of the estate. If there are no children, the surviving spouse or civil partner is entitled to one-half. The spouse may choose to take the legal right share instead of whatever was left to them in the will, but they cannot take both.
Children may also make a claim under Section 117 of the Succession Act 1965 if they believe the parent failed to make adequate provision for them, whether by will or otherwise. This claim must be made within six months of the Grant of Probate.
The Probate Office and District Probate Registries
The Dublin Probate Office (Principal Probate Registry) is located at 1st Floor, Phoenix House, 15/24 Phoenix Street North, Smithfield, Dublin 7, D07 X028. The general office is open to the public from 10am to 1pm on standard working days.
There are also 14 District Probate Registries across Ireland, located in Castlebar, Cavan, Clonmel, Cork, Dundalk, Galway, Kilkenny, Letterkenny, Limerick, Mullingar, Sligo, Tralee, Waterford, and Wexford. You apply to the registry covering the area where the deceased was ordinarily resident at the time of death.
For more about what happens at the Probate Office and how to interact with it, see our guide to the Probate Office in Ireland.
When there is no will (intestacy)
When someone dies without a valid will, their estate is described as intestate. The Succession Act 1965 sets out exactly who inherits and in what shares. The closest surviving relatives inherit first: a surviving spouse or civil partner with children receives two-thirds, with children sharing the remaining one-third equally.
The next of kin applies for a Grant of Administration Intestate rather than a Grant of Probate. The process is similar to probate with a will, though an administration bond (a financial guarantee protecting the estate) is required. Our complete guide to intestacy in Ireland explains the rules, the application process, and the costs involved.
Wills and probate
A valid will is the foundation of a straightforward probate process. It names the executor, identifies the beneficiaries, and sets out how the estate should be distributed. In Ireland, a valid will must be in writing, signed by the person making the will (the testator) in the presence of two witnesses, who also sign the will. These requirements are set out in Section 78 of the Succession Act 1965.
Having a valid, up-to-date will significantly simplifies the probate process and reduces costs. Without one, the estate is divided according to the rules of intestacy, which may not reflect the deceased's wishes. For more on how wills and probate connect, see our guide to wills and probate in Ireland.
Should you get professional help?
You can apply for probate yourself — the Probate Office accepts personal applications. However, the Courts Service notes that a solicitor is required in certain situations, including when the applicant is under 18, when the original will is lost, when there are disputes about the will's validity, or when the applicant lacks legal capacity.
Even where a solicitor is not legally required, professional guidance is worth considering when the estate includes property in the deceased's sole name, when there are foreign assets or cross-border elements, when multiple beneficiaries have competing expectations, or when Capital Acquisitions Tax is likely to apply.
Explore our probate guides
This page is a comprehensive overview. For detailed guidance on specific aspects of probate in Ireland, explore these guides: