List of documents and other information required to make an application 

Intestacy Applications

Intestacy Applications

Click Left and Right to view Documents required in an Intestacy Appplication

General Information

Document which must be lodged in ALL cases When needed Exceptions (where there may be an alternative to lodging the document) Why is this required?
Notice Of Application  In all cases No exceptions To enable details of application to be recorded immediately
Oath Of Administrator In all cases No exceptions Evidence upon which grant issues
Bond In all cases No exceptions Required under Succession Act 1965
Original Death Certificate In all cases If death certificate has not yet issued then an interim Death Certificate from a Coroner is acceptable Essential proof that deceased is actually deceased
Notice of Acknowledgment (Probate) Form received from Revenue Commissioners - find more information on Revenue.ie In all cases for dates of death on 5th December 2001 onwards No exceptions To Comply with Section 48A CAT Consolidation Act 2003

Inland Revenue Affidavit (CA24) - appropriate to date of death pre-5th December 2001 - the copy certified by the Revenue Commissioners with Certificate for the High Court - find more information on Revenue.ie

In all cases for dates of death prior to 5th December 2001 No exceptions To comply with Section 48(2) CAT Consolidation Act 2003 
Probate Fee In all cases No exceptions To comply with Section 48(2) CAT Consolidation Act 2003 

 

Additional Documents That May Be Required: When needed Exceptions Why is this required?
Letter of Current Valuation If there is immovable property in the estate AND papers are being lodged in Probate Office more than 12 months from date of death  No exceptions Oath and Bond must reflect current value.  Probate Office thus need to ascertain current value. 
Renunciation If someone with a prior entitlement to the applicant renounces No exceptions if needed for title To show title
Probate Officer's/Court Orders Certain types of specialised applications. Only original copy attested by the Probate Office is acceptable. See list at Order 79 of the Court Rules. If a Court/Probate Officer's order has been made it must be referred to in the oath  No exceptions if an order is necessary Necessary proof
Power of Attorney If the person entitled to a Grant lives abroad OR is unable to apply due to physical disability  -   -

 

Oath Of Administrator

Please use correct precedent Oath. 
Oath of Administrator including Bond (single applicant) 
or Oath of Administrators including Bond (more than one applicant)

 Oath Requirements
Original Only, No copies required.
Ensure names and addresses of all parties are consistent across all documents
Ensure that the deceased in the oath is the same person referred to in the death certificate
All differences in names and addresses must be accounted for in the oath
Ensure correct Title (see Title for more information)
State relationship of applicant to deceased
Date and place of death must be as per the death certificate

Total Gross Irish Estate - if date of death within 2 years of papers being lodged use value as per Notice of Acknowledgement (Probate) Form

If date of death is more than 2 years of papers being lodged, use current market value for property. Statement of Current Market Value will also be required

Jurat must comply with SI No. 95 of 2009 and cannot be executed before lodging solicitor
Complete the filing clause
All exhibits must be signed by deponent and the person who administered the oath.  The date of the exhibit must be cited in the oath.  N.B. the actual exhibit must be signed.  Exhibit sheets are not accepted.

 

Bond

Please use correct precedent Bond:

Date of Death  
Deaths after 01/01/1967 Intestacy Bond
Deaths between 01/06/1959 and 31/12/1966 Intestacy Bond
Deaths before 01/06/1959 Intestacy Bond

 

Bond Requirements:
Original Only, No copies required. 
Ensure names and addresses of all parties are consistent across all documents
Ensure that the deceased  in the Bond is the same person referred to in the death certificate and Oath. 
All differences in names and addresses must be accounted for in the Bond
Penal sum must be double the Gross Current Value of the estate
Bond must be signed sealed and delivered - it is not sworn
A seal must be affixed to the Bond
Bond must be executed before the same Commissioner/Practising Solicitor before whom oath was sworn
If Will Annexed application delete reference to penultimate sentence re: allowing will to be proved

 

Original Death Certificate

Death Certificate Requirements
A death certificate must be lodged. Must be original, no copies
A coroner’s interim death certificate will be accepted where the final death cert is not yet issued. Must be original, no copies
Check that the name, address,date of death and place of death are correctly reflected in all documents.

Please Note: These Documents will be retained by the Probate Office

 

 

Title

N.B. Only for deaths after 01/01/1967

Below are some sample titles for use as examples.  They are not exhaustive and may need to be adapted to suit the specific circumstances of each application

Civil Status of Deceased Capacity in which Person is applying Potential Titles Additional requirements
Married Spouse I am the lawful Spouse None
in Civil Partnership Civil Partner I am the lawful Civil Partner Copy of Civil Partnership Registration
Widow(er)/Surviving Civil Partner Child of deceased Died intestate a widow(er)/surviving Civil Partner and I am the lawful child  
Divorced (in Ireland) Child of deceased Died intestate a divorced person and I am the lawful child Copy of Irish divorce order 
Divorced (outside Ireland and divorce recognised in Ireland) Child of deceased Died intestate a divorced person which divorce has been recognised in Ireland by order of the court dated the … day of ….and I am the lawful child Irish court order recognising the divorce
Married/in Civil Partnership Child of deceased Died intestate leaving him/her surviving his/her lawful spouse/ Civil Partner XXXXX who has since died and I am the lawful child  
Married/in Civil Partnership/ Separated but not divorced Child of deceased Died intestate leaving him/her surviving his/her lawful spouse/Civil Partner  XXXXX who has duly renounced his/her rights (upon which renunciation/Separation Agreement dated the xxx day of xxxxxx I have marked my name prior to the swearing hereof) and I am the lawful child  
Married/in Civil Partnership/ Separated but not divorced
Child of deceased Died intestate leaving him/her surviving his/her lawful spouse/Civil Partner  XXXXX whose rights have been extinguished pursuant to Section 14 of the Family Law Act 1995 by order of the court dated the ..... day of .... and I am the lawful child Renunciation must be lodged and exhibited in oath  OR  lodge copy of Separation Agreement if not Judicially separated
Never Married or in Civil Partnership Child of deceased Died intestate a single person who never married or entered into a civil partnership and I am the lawful child Long form Birth Certificate
  Grandchild of deceased (no child surviving) Died intestate a widow without child and I am the lawful grandchild  
  Grandchild of deceased (child surviving) Died intestate a widow without leaving her surviving one lawful and only child XXXX who has since died and I am the lawful child of YYYYY who was a lawful child of and who predeceased the deceased  
  Parent of deceased Died intestate a widow(er)/surviving Civil Partner without issue and I am the lawful mother/father  
  Parent of deceased Died intestate a divorced person without issue and I am the lawful mother/father Copy of divorce order
  Parent of deceased Died intestate a single person who never married or entered into a civil partnership without issue and I am the lawful mother/father  
  Brother/sister of deceased Died intestate a widow(er)/surviving Civil Partner without issue or parent and I am the lawful brother/sister  
  Brother/sister of deceased Died intestate a divorced person without issue or parent and I am the lawful brother/sister Copy of divorce order
  Brother/sister of deceased Died intestate a single person who never married or entered into a civil partnership without issue or parent and I am the lawful brother/sister  
  Nephew/niece of deceased Died intestate a widow(er)/surviving Civil Partner without issue or parent or brother or sister and I am the lawful nephew/niece  
  Nephew/niece of deceased Died intestate a divorced person without issue or parent or brother or sister and I am the lawful nephew/niece Copy of divorce order
  Nephew/niece of deceased Died intestate a single person who never married or entered into a civil partnership without issue or parent or brother or sister and I am the lawful nephew/niece  
  Legal Personal Representative of Spouse/Civil Partner Died intestate without issue leaving him/her surviving his/her lawful spouse/Civil Partner xxxxxxx who has since died and I am the legal personal representative of the said xxxxxxx under grant of representation which issued to me on the …..day of ….......  
  Legal Personal Representative of Spouse/Civil Partner Died intestate without issue of a predeceased child leaving him/her surviving his/her lawful spouse/Civil Partner xxxxxxx who has since died and one lawful and only child yyyyyyyyy who has since died and I am the legal personal representative of the said xxxxxxx   
  Legal Personal Representative of Spouse/Civil Partner Died intestate without issue of a predeceased child leaving him/her surviving his/her lawful spouse/Civil Partner xxxxxxx who has since died and one lawful and only child yyyyyyyyy who has since died and I am the legal personal representative of the said xxxxxxx   
       

 

Power of Attorney

In certain circumstances, an Attorney can apply on someone else's behalf. This can be done whether there is a will or whether the deceased died intestate. 

Power of Attorney (Intestate)

Situations where this can happen Requirements
The person entitled to apply lives abroad 

Properly executed Power of Attorney which must be correctly exhibited in Oath. Oath of Administrator (single applicant) or Oath of Administrators (more than one applicant)

All persons with a prior entitlement and all persons with equal entitlement who are living in this jurisdiction must be cleared off

Title is exactly as normal with the applicant described as "the Attorney lawfully appointed by …............ the sole executor/residuary legatee and devisee/ lawful brother etc. etc. under Power of Attorney dated the ….. Day of …...... and marked by me/use prior to the swearing hereof"

Please note that if a Power of Attorney is over 1 year old, a letter must be provided confirming that the Donor is still alive and that the Power of Attorney is still in force

The person entitled to apply lives in Ireland but has a physical disability such that they cannot administer the estate

Properly executed Power of Attorney which must be correctly exhibited in Oath. Oath of Administrator (single applicant) or Oath of Administrators (more than one applicant) and Probate Officer's Order (click here for procedure for Probate Officer's order)

All persons with a prior entitlement must be cleared off

Title is exactly as normal with the applicant described as "the Attorney lawfully appointed by …............ the sole executor/residuary legatee and devisee/ lawful brother etc. etc. under Power of Attorney dated the ….. Day of …...... and marked by me/use prior to the swearing hereof on foot of Probate Officer's order dated the .... day of ......"

Please note that if a Power of Attorney is over 1 year old, a letter must be provided confirming that the Donor is still alive and that the Power of Attorney is still in force

 

Renunciation

Form:  Renunciation of Administration