Understanding How Probate Works in Ireland
Probate is the legal process that allows an executor to administer a deceased person’s estate in accordance with their will. It ensures that all assets are identified, debts are settled, and the remaining estate is distributed to the rightful beneficiaries. While the process may seem straightforward, it can become complex depending on the nature of the estate and the relationships involved.
Our team regularly assists clients across Ireland with the key steps involved in obtaining a Grant of Probate, including:
- Identifying and Valuing Assets – Gathering details of the deceased’s property, bank accounts, shares, and other assets to determine the total value of the estate.
- Preparing the Statement of Affairs (Probate) Form SA.2 – Completing and filing the required statement with the Revenue Commissioners to confirm the estate’s value and any tax liabilities.
- Submitting the Probate Application – Lodging the necessary documents with the Probate Office to obtain the official Grant of Probate.
- Collecting and Distributing Assets – Once the grant is issued, managing the transfer or sale of assets and distributing proceeds to the beneficiaries named in the will.
- Finalising the Estate – Settling any outstanding debts, filing tax returns, and providing a full account of the administration process to beneficiaries.
Whether you’re acting as an executor for the first time or dealing with a complex estate, our probate solicitors offer practical, step-by-step guidance to help you fulfil your legal duties efficiently and with peace of mind.
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Frequently Asked Questions
Questions we are often asked in relation to this topic.
How long does it take to get a Grant of Probate?
The timeframe can vary depending on how complex the estate is and how quickly all the necessary information is collected. In straightforward cases, it usually takes between three and six months from the date the application is submitted to receiving the Grant of Probate. More complicated estates, such as those involving property abroad or disagreements between beneficiaries, may take a longer period to complete.
Do I need a solicitor to apply for a Grant of Probate?
It is possible to make a personal application, but most executors prefer to engage a solicitor. The probate process involves detailed legal and tax paperwork, including Form SA.2, and any mistakes can cause significant delays. Working with a solicitor ensures that everything is completed correctly and in accordance with Irish law.
What happens if there is no will?
If a person dies without leaving a valid will, a Grant of Letters of Administration must be obtained instead of a Grant of Probate. In this situation, the estate is distributed according to the rules of intestacy set out in the Succession Act 1965.
Can a Grant of Probate be contested?
A Grant of Probate can be challenged in certain circumstances, such as where there are concerns about the validity of the will, the way the executor is managing the estate, or how the assets are being distributed. Our team has extensive experience in dealing with such disputes and can offer clear, practical guidance to help protect your rights and reach a fair resolution.
About McCarthy + Co
McCarthy + Co. are a team of solicitors with more than 30 years of experience in providing legal advice, guidance and assistance to clients across Ireland.
We are a family-run business with offices in Dublin and Cork, but we have dealt with clients everywhere from Galway and Limerick to Waterford. We are honest, plain-speaking and thorough – we will work alongside you to achieve the best possible outcome for your case.
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We are a multi-award winning firm, accredited by the Law Society of Ireland.
Our Partners
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Flor McCarthy
Email: flor@mccarthy.ie
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Twitter: @flormccarthy LinkedIn: /in/flormccarthy/
Flor McCarthy wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.
Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy
Email: john@mccarthy.ie
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LinkedIn: /in/johnmccarthysolicitor/
John McCarthy is a seasoned solicitor with more than 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.
John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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