The Probate Office and District Probate Registries wish to assist you in an efficient manner. To help us in this regard it is important to note the following information:
Role of the Probate Office and role of the solicitor
1. The Probate Office and District Probate Registries assess the documentation you prepare and ensure that you have complied with relevant succession law.
2. They have no role in the drafting/preparation of your documentation and do not give legal advice where issues arise for you regarding title and the relevant application of succession law.
3. Where questions of procedure arise, the probate pages on this site. Probate Practice in a Nutshell by Eamonn G. Mongey and the various Law Society manuals are helpful sources of information.
The Probate Office.
The Probate Office deals only with what is termed the 'non-contentious' probate jurisdiction of the High Court.
The main functions of the office are:
The admission of wills to proof.
The issuing of grants of probate and administration.
The preservation of probate records for inspection and the provision of certified copies of probate documents.
The processing of court applications to the probate judge.
Role of the Probate Officer and Assistant Probate Officer.
The Probate Officer and Assistant Probate Officer are assigned to the Dublin Probate Office. They have the power to;
Prove and condemn wills
Issue grants of probate and administration
Issue citations and subpoenas
Make orders and rulings pursuant to the Rules of the Superior Court 1986.
Decisions and orders of the Probate Officer, Assistant Probate Officer or Deputy Probate Officer can be set aside only by order of the court.
The Probate Office comprises four public offices.
The General Office:
Responsible for maintaining records of all grants of representation which have issued and for providing copies of probate documents. To apply for searches and/or copy documents by post complete Form PAS1 and send it to 'Records Office'.
The Seat Office:
Assessing applications for grants of probate or administration lodged by solicitors and their agents. See the solicitor applications section for more information.
The Rules Office:
Responsible for searching records to ensure that there is no impediment to the issuing of grant of representation. Filing and issuing of citations, caveats, subpoenas, court motions and Probate Office motions. Issuing of court orders from the probate court list, probate officer's orders and side bar orders made pursuant to the Rules of Court. For postal applications to the Rules Office complete Form PAS2.
The Probate Personal Applicants Section:
Applicants for grants of probate or administration may apply personally through the personal applications section of the office which operates pursuant to order 79 rule 74 to 80 of the Rules of the Superior Courts. See the personal applications section for more information.
District Probate Registries
In addition to the Probate Office there are fourteen District Probate Registries located outside Dublin. See the links to the right for contact details for the various registries.
These registries are attached to Circuit Court Offices under the control of County Registrars.
They have authority to issue grants of representation where the deceased, at the time of his/her death, had a fixed place of abode within the area of jurisdiction of the District Registry.
For example, if the person died having a place of abode in Co. Clare, the application for a grant of probate may be made to the District Probate Registry at Limerick.
The application may be made in person or through a solicitor.
District probate registries:
________________________Content reviewed: May 2017