Applications for probate officer’s/court orders should be lodged in the Dublin Probate Office.

All applications must be lodged in the Rules Office of the Probate Office. Normally, orders will be made within 1 to 2 weeks of receipt of the applications. 

There is a fee payable in respect of all applications for orders and in respect of affidavits being filed. Ensure you submit the relevant fee with your application, as failure to do so will result in delays.

Probate Officer’s Orders are obtained through the Probate Rules Office, e-mail: probaterulesoffice@courts.ie Phone: 01-8886176

As of 1st March 2021, the fee for a Probate Officer's Order is €50.00 in stamped court fees. The fee for a Court Application is €100.00 in stamped court fees. This fee covers all affidavits lodged in furtherance of the application. See Statutory Instrument No 80 of 2021.

See below for a list of relevant orders.

In short

Legislation Probate Officer/Court Order

Where the deceased had a foreign domicile at the date of death and where the person entitled to apply for the grant under Irish law is not the person entitled under the law of domicile.

Order 79 Rule 5(8)(a) and (b)

PO Order

Reqs Fee (stamped fees only) Note

1) Cover letter requesting grant to be limited;
2) Copy death certificate, copy will, oath (may be draft);
3) Statement of Affairs or Schedule of Assets as appropriate;
4) Affidavit of Law or Sealed & Certified copy of foreign grant where limited to moveable estate.

€25.00 (PO order)

€20 on Affidavit (if required)

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In short Legislation Probate Officer/Court Order

Where the person entitled to extract the grant is of unsound mind and not a ward of court.

Order 79 Rule 26 & 27

PO Order

Reqs Fee (stamped fees only) Note

1) Grounding Affidavit from Proposed
Committee;
2) Affidavit from Medical Practitioner;
3) Letter of Consent from Wards of Court;
4) Death Certificate/Coroner's Certificate.

€25.00 (PO order)
€20.00 (each affidavit)

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In short Legislation Probate Officer/Court Order

Where the person entitled to extract a grant is a minor and does not have a testamentary guardian or a guardian appointed by the court.

Order 79 Rule 24 & 25; Appendix Q, Form 17 (election)

PO Order
Reqs Fee (stamped fees only) Note

1) Petition from proposed guardian (Mongey, p 109);
2) Proof of parentage (long form birth certificate/declaration of parentage where father's name not on birth cert);
3) Death Certificate/Coroner's Certificate;
4) Election.

€25.00 (PO order)
€20.00 (each affidavit)

An election may be required where the child is over 12 years old and someone other than a parent is applying

In short Legislation Probate Officer/Court Order

Where the person entitled to extract the grant is of sound mind but physically impaired

Order 79 Rule 23

PO Order
Reqs Fee (stamped fees only) Note

1) Grounding Affidavit;
2) Affidavit from a medical practitioner as to the entitled person's physical incapacity and mental capacity;
3) Power of Attorney;
4) Death Certificate/Coroner's Certificate.

€25.00 (PO order)
€20.00 (each affidavit)

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In short Legislation Probate Officer/Court Order

Where a Will refers to some other document (e.g. a map) and the Will cannot be read without reference to this document.

Order 79 Rule 13 & 14

PO Order
Reqs Fee (stamped fees only) Note
1) Grounding Affidavit;
2) Affidavit of Attesting Witness*;
3) Original Will and Map;
4) Death Certificate/Coroner's Certificate
€25.00 (PO order)
€20.00 (each affidavit

The three essential proofs are a) that the document must be in actual existence at the time the will was made, b) that it is referred to as being in existence in the will, and c) that the document is clearly identified.

* If the applying solicitor was one of the witnesses, we only require one affidavit. This affidavit must sufficiently cover the information required in a Grounding Affidavit and an Affidavit of Attesting Witness.

In short Legislation Probate Officer/Court Order
... Order 79 Rule 5(10) PO Order
Reqs Fee (stamped fees only) Note

1) Grounding Affidavit from Solicitor;
2) Affidavit of law from independent lawyer with expertise in succession law in country of domicile;
3) Affidavit of official translator. Must have personally translated the Will, give credentials, exhibit the Will, and swear is a true and accurate copy;
4) Death Certificate/Coroner's Certificate.

€25.00 (PO order)
€20.00 (each affidavit)

The Affidavit of law must i) set out the full facts of the case including the domicile of the deceased, ii) exhibit the original Will, or an appropriate copy thereof, iii) quote the legislation governing the validity of Wills and priority to apply for probate, or otherwise account for the system of inheritance in the country of domicile, iv) Apostille where not yet proved in the country of domicile.

In short Legislation Probate Officer/Court Order

Where necessary, the Probate Officer may make an order refusing probate of a Will for non-compliance with Section 78 of the Succession Act 1965

S 78 of the Succession Act, 1965 PO Order
Reqs Fee (stamped fees only) Note

1) Original Will;
2) Grounding Affidavit;
3) Affidavit of Attesting Witness;
4) Death Certificate/Coroner's Certificate.

€25.00 (PO order)
€20.00 (each affidavit)

If the applying solicitor was one of the witnesses, we only require one affidavit.

In short Legislation Probate Officer/Court Order

Where a Will has been amended after execution.

- PO Order/Court Order
Reqs Fee (stamped fees only) Note

1) Original Will;
2) Prepared copy of the Will in its original text;
3) Affidavit of attesting witness from both witnesses;
4) Death Certificate/Coroner's Certificate.

€25.00 (PO order)
€20.00 (each affidavit)

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In short Legislation Probate Officer/Court Order

Where the original Will has been lost or misplaced, papers must be prepared as a Court Application. The Probate Officer will determine whether the matter must go to Court

- PO Order / Court Order
Reqs Fee (stamped fees only) Note

1) Notice of Motion;
2) Grounding Affidavit *;
3) Exhibit(s) (including the copy Will);
4) Booklet of pleadings.
see Court Applications

€40.00 (Notice)
€20.00 (each affidavit)
€25.00 (PO order)

The three essential proofs are i) that the original Will was unrevoked at the time of death, ii) that the Will was duly executed, and iii) that the copy Will being tendered is an authentic copy of the original Will.
If the Order is made, the copy Will exhibited in the Booklet of Pleadings and the Order should be presented in the application to the Seat Office

In short Legislation Probate Officer/Court Order

If it is alleged that the Grant was obtained by fraud or where the validity of the Will is challenged, a Court application must be made.      Otherwise, the Grant may be revoked or revoked & cancelled by the Probate Officer

- PO Order / Court Order
Reqs Fee (stamped fees only) Note

1) Grounding Affidavit;
2) Original Grant.

Also, see Court Applications

€25.00 (PO order)
€20.00 (each affidavit)

The application must be made by the grantee or with their consent.

In short Legislation Probate Officer/Court Order

Where there is a doubt as to the validity of a Will. E.g. due to concerns regarding the testamentary capacity of the deceased person, whether a Will was made in contemplation of marriage, or where there are procedural defects in the Will and the applicant is directed to apply to the Court.

- Court Order
Reqs Fee (stamped fees only) Note

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications

€40.00 (Notice)
€20.00 (each affidavit)
€20.00 (Order)

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In short Legislation Probate Officer/Court Order

Where a Caveat has been warned, and an appearance has been lodged, and consent of both sides to remove the Caveat is not forthcoming.

- Court Order
Reqs Fee (stamped fees only) Note

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications

€40.00 (Notice)
€20.00 (each affidavit)
€20.00 (Order)

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In short Legislation Probate Officer/Court Order

Where the applicant wishes to appoint a third party as administrator limited for a purpose.

S 27(4) of the Succession Act, 1965 Court Order
Reqs Fee (stamped fees only) Note

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications

€40.00 (Notice)
€20.00 (each affidavit)
€20.00 (Order)

When lodging the application in the Rules Office, please inform the staff of any impending deadlines due to the Statute of Limitations.
In short Legislation Probate Officer/Court Order

Where the applicant wishes to have a person appointed full administrator by the Court.

S 27(4) of the Succession Act, 1965 Court Order
Reqs Fee (stamped fees only) Note

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications

 

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In short Legislation Probate Officer/Court Order

Where a person has extracted a Grant of Representation or otherwise intermeddled in the estate but wishes to renounce.

S 26(2) of the Succession Act, 1965 Court Order
Reqs Fee (stamped fees only) Note

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications

 

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In short Legislation Probate Officer/Court Order

Where more than one application for a Grant of Representation has been received in the same estate.

Order 79 Rule 5(3) Court Order
Reqs Fee (stamped fees only) Note

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications

 

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