What is Probate and How Long Does it Take?

Dealing with the affairs of a loved one after they pass away can be an emotionally taxing and complex task. In this short guide, we explain what probate is, what the process involves, and how long each of the key stages may take to complete.

What is probate?

It’s the legal process of proving and registering a deceased person’s will in the Probate Office, giving the executor the authority to manage and distribute the person’s assets according to their wishes. If there is no will, probate involves appointing an administrator to handle the estate under intestacy laws.

Is probate always necessary after someone dies?

Not always. If the deceased’s assets are small, held jointly (like a joint bank account or jointly owned property), or if everything passes automatically to a surviving joint owner, probate may not be required. However, suppose the person owned property in their sole name or had significant assets (like bank accounts, shares, or investments solely in their name). In that case, probate is usually needed to legally transfer those assets.

What is the probate process if there is a will?

If there is a will, the probate process usually follows these steps:

1. Locate the Will – The executor named in the will locates the original will and death certificate.
2. Identify Assets and Debts – The executor gathers details of the deceased’s assets (property, bank accounts, shares) and any outstanding debts.
3. Complete Inland Revenue Statement of Affairs (SA.2 Form) – This form lists all assets, debts, and beneficiaries.
4. Prepare and Lodge Probate Application – The executor applies for a Grant of Probate at the Probate Office, submitting the original will, the death certificate, the Inland Revenue Statement of Affairs, and the probate application forms.
5. Probate Office Processes the Application – If everything is in order, the Probate Office issues the Grant of Probate, giving the executor legal authority to manage the estate.
6. Administer the Estate – The executor collects the assets, pays debts (including taxes), and distributes the remaining estate according to the will.
7. Final Accounts – The executor keeps records and prepares final accounts for beneficiaries, ensuring everything is settled properly.

What is the process if the deceased left no will?

If there is no will (called intestacy), the probate process is slightly different. It requires the following steps:

1. Identify the Next of Kin – Someone close to the deceased (usually the next of kin) applies to become the administrator of the estate.
2. Apply for a Grant of Letters of Administration – Instead of a Grant of Probate, the administrator applies for a Grant of Letters of Administration, which gives them legal authority to deal with the deceased’s assets.
3. Gather Information on Assets and Debts – The administrator collects details of all the deceased’s assets (property, money, debts) and completes the Inland Revenue Statement of Affairs (SA.2 Form).
4. Lodge the Application – The application is lodged at the Probate Office or the relevant District Probate Registry, along with the death certificate, the Inland Revenue Statement of Affairs, the probate application forms, and a bond (an insurance-type guarantee that the administrator will carry out their duties properly).
5. Probate Office Issues the Grant – Once approved, the administrator receives the Grant of Letters of Administration, allowing them to access and manage the estate.
6. Administer and Distribute the Estate – The administrator pays any debts and distributes the remaining assets according to Ireland’s rules of intestacy, which set out who inherits (usually starting with the spouse and children).

How long does this process take?

The probate process often takes around 6 to 12 months to complete, however, various things can slow it down such as disputes between beneficiaries, difficulties locating beneficiaries, missing documentation, complex estates (such as those involving multiple properties or foreign assets), tax complications, and backlogs at the Probate Office. As a general guideline, you can expect the following amount of time to be spent on these areas:

Gathering information – 4 to 8 weeks

This includes identifying all property owned (both in Ireland and abroad), bank accounts, investments, pensions, and any debts owed at the time of death. The executor or proposed administrator must also compile a list of beneficiaries named in the will, or the next of kin if there is no will. Collecting this information can take time, particularly if the estate is complex or if assets are scattered across different institutions. Accurate details are crucial, as they form the basis for completing the Inland Revenue Statement of Affairs, which is a key requirement in the probate application. It’s also important to locate and secure important documents, such as the original will, the death certificate, and title deeds for any property.

Preparing and filing the probate application – 2 to 4 weeks

Once all necessary information about the deceased’s assets and liabilities has been gathered, the next step is to prepare and submit the probate application. This involves completing several key documents, most importantly the Inland Revenue Statement of Affairs, which provides a detailed statement of the estate’s assets, debts, and the beneficiaries entitled to inherit. After this form is submitted to Revenue and clearance is obtained, the executor or the administrator must complete the relevant probate application forms. The full application, including the original will (if applicable), death certificate, and supporting documents is then lodged with the Probate Office or a District Probate Registry. Careful attention to detail is vital at this stage, as any errors or missing information can lead to delays in processing the application.

Processing by the Probate Office – 12 to 16 weeks

Once the probate application has been lodged, it is reviewed and processed by the Probate Office or the relevant District Probate Registry. During this stage, the officials carefully examine the documents to ensure they are accurate, complete, and comply with legal requirements. If everything is in order, the Grant of Probate or Grant of Letters of Administration is issued. The timeframe for this process can vary but often takes between 12 to 16 weeks from the date of submission but may take longer if any details are missing.

Administrating the estate – 3 to 6 months

After the Grant of Probate or Grant of Letters of Administration is issued, the executor or administrator can begin actively administering the deceased’s estate. This critical stage involves gathering all assets, settling outstanding debts, paying funeral expenses, and handling any tax obligations, such as income tax owed by the deceased or Capital Acquisitions Tax payable by beneficiaries. It may also involve selling property, transferring ownership of assets to beneficiaries, or liquidating investments to meet obligations.

Administering the estate often takes around three to six months, depending on the complexity of the case. It can take longer if there are properties to sell, complicated financial holdings, or disputes arise among beneficiaries or creditors. Once all debts and taxes have been settled, the executor or administrator distributes the remaining assets according to the deceased’s wishes, if there’s a will, or following the intestacy rules, if there’s no will. The administration concludes with the preparation of final accounts, clearly outlining all financial transactions and distributions for approval by the beneficiaries.

Is the process faster if the deceased’s estate is small?

If the deceased’s assets are worth less than €25,000, probate may not be required. Many banks and financial institutions have a small estates policy, where they might release funds without a grant of probate if the total assets are below this threshold and there are no complicating factors (like disputes or debts). The bank usually asks for certain documents, such as a death certificate, ID from the next of kin, and an indemnity form to protect them from future claims. However, each institution sets its own rules, so it’s always best to check directly with them.

Does working with a solicitor speed up the process?

Yes, working with a solicitor often speeds up the probate process, as solicitors are experienced in preparing accurate paperwork, avoiding common errors, and efficiently navigating the Probate Office’s requirements. Consulting a solicitor can help prevent delays caused by incorrect documents, missing information, or procedural mistakes, ensuring the application moves more smoothly and quickly through the system.

Require assistance with lodging your probate application?

The wills & probate team at McCarthy + Co Solicitors LLP has extensive experience in all aspects of the probate process, from securing a Grant of Probate or Letters of Administration to administrating the estate. Arrange a time to speak with a solicitor today by completing our quick and confidential online form.