Conditions for non-personal filing in the Probate Office in Dublin

From 11th January 2012 the Probate Office in Dublin accepts documents lodged by post and Document Exchange Service (DX).

Before lodging documents with the Probate Office by post you should read Order 117A of the Rules of the Superior Courts, the conditions for use of non personal filing in the offices of the Supreme and High Court and the specific conditions for use of non personal filing in the Probate Office below.

While Supreme and High Court offices will take all reasonable precautions to avoid loss or damage to documents submitted, court users use this method of lodging documents at their own risk.

Documents shall not be deemed to have been delivered to the court office to which they are addressed unless they are lodged in compliance with Order 117A and these conditions.

Instructions for using non-personal filing in Probate Office

1. 'Non-personal filing' means sending documents by post, via a document exchange service (DX), or by leaving them in the secure deposit box in the Probate Office.

2. Before you send or deposit your documents make sure that you have paid by way of court fee card the prescribed court fees on each document. Please note that Seat Office fees are calculated on the basis of the net estate of the deceased person. Refer to Court Fees section on this website for a schedule of all applicable fees.

   Cash, cheques or postal orders for fees will not be accepted by the Probate Office and if forwarded will be returned to you with the documents, which will not be deemed to be filed.

3. You must include with your documents the appropriate submission form duly completed with the required information.

   Form S1: Application to Probate Seat office - solicitor application only
   
   OR

   Form PAS2: Application to Probate Rules Office.

4. A separate submission form must be completed in respect of each set of papers submitted. Where a set of papers is queried and the papers returned, a new submission form must be completed and lodged when the papers are being re-submitted in response to the query raised.

5. Where a set of papers including an original will is submitted by post and queries arise, the Probate Office will retain the original will unless the original will must be returned to deal with the query raised.

6. When submitting an original document, for example a notice of motion, if copies are required for service or for your own records, please include sufficient copies. They will be returned to you stamped with the appropriate Probate Office stamp.

7. Place the documents you are filing together with the appropriate form (S1 or PAS2 or PAS1) in a sealed envelope that is clearly addressed to the section of the Probate Office (that is, Seat Office, Rules Office, Records Office) in which you are lodging them.

8. Original wills and codicils should be forwarded by pre-paid registered post or by lodgement directly in the secure deposit box in the Probate Office by or on behalf of the solicitor in the matter.

   For information about personal applications for probate see the personal applications section on this website.

9. All subsequent correspondence by the Probate Office in the case will be with the solicitors/law agent/lay litigant named on the cover form submitted in the matter.

   The conditions for use of non personal filing in the Probate Office require anyone availing of this service to complete a submission form in respect of each set of documents/application lodged by post or DX.

The submission forms are designed to help the Probate Office process your application as efficiently as possible. These forms are available in the Court Forms section.