Administration with will annexed de bonis non checklist (and unadministered probate)
- Review your application thoroughly before submitting it.
- Check rejected applications: common reasons to ensure your application will not be rejected.
- Use the checklist below to make sure you have all documents.
- Sort your papers into the order in which they appear in the list below (whether you are lodging papers by post or at the counter).
- Apply to the same registry from which the first grant issued. However, if the first grant issued prior to 1/1/67, apply to the Dublin Probate Office.
- If undaministered probate, use this checklist (variations are signalled below).
Documents to be lodged:
1. Form S1 (postal application form)
Completed Form S1 must be lodged with all applications submitted by post.
See the fees section for fee information.
3. Primary grant
The original grant of administration or an official copy if it is not available must be lodged. If lodging an official copy a letter of undertaking to lodge the original if and when it comes to hand is required.
For unadministered probate lodge an official copy.
4. Engrossment of will/codicil
Photocopy of will/codicil or typed engrossment certified by solicitor to be a true copy. See Chapter 3 Probate Practice in a Nutshell by Eamonn G. Mongey for further information.
5. Oath for administrator with will annexed de bonis non
Form No. 4 Appendix Q Rules of the Superior Courts suitably adapted to read 'unadministered' before the word 'estate'.
Heading to include type of oath, name of deceased and all variations of same, last address of deceased, occupation of deceased and applicant, full filing clause.
Exhibit original grant of probate or sealed and certified copy if applicable.
Insert title in oath and clear off all persons having a prior entitlement [See Order 79, Rule 5 Rules of the Superior Courts and specimen titles set out in Appendix 16 Probate Practice in a Nutshell by Eamonn G. Mongey].
The date and place of issue of the primary grant and the reason why and date when it terminated must be inserted in the oath.
Estate to be split into unadministered real and personal estate. Leasehold property is to be shown as unadministered personal estate and if no unadministered freehold property it must be stated 'There is no unadministered real estate'.
Current value of unadministered immovable property as per valuation to be inserted.
For unadministered probate:
Use Oath of Executor form adapted as appropriate (as in change the reference to the original grant, recite details of first grant [including reservation of this applicant's rights] and how it terminated [as in death of first executor], refer to 'unadministered' estate throughout, and incorporate market value.)
6. Copy oath
7. Renunciation of person with prior entitlement to the applicant (if applicable)
To be exhibited and marked by applicant and commissioner before whom oath was sworn. See Rules of the Superior Court, Appendix Q, Form 18 for renunciation form.
8. Power of attorney (if applicable)
To be exhibited reciting date of same in oath and marked by applicant and commissioner before whoe the oath was sworn. See Appendix 12 Probate Practice in a Nutshell by Eamonn G. Mongey.
9. Evidence of current market value of property
A letter from an auctioneer will suffice where the unadministered property is a dwelling house on less than 1 acre.
An affidavit of current market value is required if the unadministered property is not used as a dwelling house or is over 1 acre in size.
See Appendix 8 Probate Practice in a Nutshell by Eamonn G. Mongey for precedent affidavit of market value.
For unadministered probate there is no need for a letter or affidavit of current market value.
10. Inland Revenue Affidavit
Copies of vouching documents should not be included except where any question is answered by stating 'see attached'. A copy of 'attached' document should be lodged
a. for deaths on or after 5/12/2001
Use Form A3. Lodge two original sworn A3s fully completed with your application. Insert current market values of unadministered estate. The downloaded version of A3 must be completed on computer. The hard copy version must be completed in blue pen. Both copies must be identical.
b. for deaths before 5/12/2001
Check www.revenue.ie for the relevant forms. These forms must be lodged with Revenue first and a certificate for the High Court must be obtained.
11. Schedule of lands (CA6 or D1)
Required for deaths before 5/12/2001 if there is property in the estate. Date of death value and tenure must be inserted.
Order 79, Rule 29 Rules of the Superior Court.
Use appropriate form of bond as per date of death suitably adapted to singular form if appropriate and to read 'unadministered' before the word 'estate' throughout.
Forms are available here. There are 3 forms: one for deaths on or after 1/1/1967, one for deaths between 1/6/59 to 31/12/66 and one for deaths prior to 1/6/59.
Insert Penal sum to cover double the gross assets (including double the current value of immovable property).
Strike out the penulitmate paragraph as there is a will.
Applicant should execute bond before the same commissioner before whom oath was sworn (Order 79 rule 29 Rules of the Superior Court).
Bond cannot be executed before the solicitor or agent of the party who executes it (Order 79 rule 29 Rules of the Superior Court).
For unadministered probate no bond is required.
13. Justification of surety (if required)
Form No. 16 Appendix Q of Rules. Required if an individual acts as a surety to bond (Sureties are no longer required unless the Probate Officer directs. However, if there is a surety to the bond, a justification of surety is required).
Person who swears affidavit of market value cannot act as surety.
No practising solicitor or clerk or apprentice solicitor can act as surety without leave of the court or Probate Officer (Order 79, rule 73).
For unadministered probate the justification of surety is not applicable.
14. Court orders (if applicable)
Attested copies required.
________________________Content reviewed: 7 June 2017