Letters of Administration
Understanding the Grant of Letters of Administration
If there is no will, or if the appointed executor cannot act, an application for Letters of Administration (or Letters of Administration with Will Annexed, if a will exists but no executor is available) must be made to the Probate Office. The person granted administration – known as the administrator – is given the same powers as an executor would have under a Grant of Probate, but must distribute the estate according to the rules of intestacy rather than the terms of a will.
Our solicitors assist clients throughout Ireland with the full process of obtaining Letters of Administration, including:
- Determining Entitlement to Apply – Identifying who is legally entitled to act as administrator under section 27 of the Succession Act 1965.
- Identifying and Valuing the Estate – Gathering details of all assets, liabilities, and property belonging to the deceased to determine the total estate value.
- Preparing the Statement of Affairs (Probate) Form SA.2 – Completing and submitting the required form to the Revenue Commissioners to establish the value of the estate and any Capital Acquisitions Tax implications.
- Submitting the Application – Lodging the necessary documentation, including the oath of administrator, death certificate, and supporting papers, with the Probate Office to obtain the official Grant of Letters of Administration.
- Administering and Distributing the Estate – Once the grant is issued, collecting and distributing the assets according to the intestacy provisions of Part VI of the Succession Act 1965.
- Finalising the Estate – Settling outstanding debts, completing tax obligations, and accounting to the beneficiaries for all aspects of the administration.
Whether you’re managing the estate of a close relative or dealing with a more complex situation involving multiple beneficiaries, our probate solicitors provide clear, practical guidance to help you fulfil your responsibilities with confidence and peace of mind.
Arrange a time to speak with a solicitor by completing our quick and confidential online form.
Call us Freephone to Discuss Your Case:
1800 390 555
Request A Call Back
Get a call back from our legal team at a time that suits you.
Highly rated on TrustPilot
Read the latest reviews written by our happy clients.
Frequently Asked Questions
Questions we are often asked in relation to this topic.
Who can apply for Letters of Administration?
Under section 27 of the Succession Act 1965, priority is given to the surviving spouse or civil partner, followed by the children of the deceased, parents, siblings, and other next of kin. Where no family members are available or willing to act, the State may ultimately intervene.
How long does it take to obtain a Grant of Letters of Administration?
Timeframes vary depending on the size and complexity of the estate. In straightforward cases, it may take between three and six months from submitting the application to the Probate Office to receiving the grant. More complex estates, particularly those involving property, foreign assets, or disputes, may take longer.
What happens if someone dies without a spouse or children?
If the deceased has no surviving spouse, civil partner, or issue, their estate is distributed to the next closest relatives in accordance with the intestacy rules set out in Part VI of the Succession Act 1965. Our team can clarify how these rules apply to your circumstances.
Do I need a solicitor to apply for Letters of Administration?
While you may make a personal application, the process can be legally and administratively demanding. Engaging an experienced probate solicitor ensures all documents are correctly prepared, tax obligations are addressed, and delays are minimised.
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.
Our Awards & Accreditations
We are a multi-award winning firm, accredited by the Law Society of Ireland.
Our Partners
Directly contact our partners via email about your case.
Flor McCarthy
Email: flor@mccarthy.ie
Follow Flor on Social Media
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.
[Read More]
John McCarthy
Email: john@mccarthy.ie
Follow John on Social Media
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.
[Read More]