Probate Lawyers in Ireland
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Probate lawyers in Ireland: what to know before you hire
A guide by LawzanaOfficial sources checked 29 October 2026.
A grant of representation gives permission to act on behalf of a deceased person. First check whether a grant is needed, who can apply and whether any inheritance or tax deadlines are approaching.
This guide covers law and procedure in Ireland.
- Grant type
- Probate / administration
- Probate applies when there is a valid will and a named executor is applying. [3] [4]
- Lost or disputed will
- Solicitor required
- A solicitor must make the grant application if the will is lost or its validity is disputed. [5]
- Section 117 time limit
- Six months
- A section 117 application must be made within six months of first taking out representation. [2]
- Caveat warning
- 14 days to respond
- Lodge an appearance within 14 days of service or the caveat may be set aside. [6]
When a lawyer can help
Administering an estate with a will
You are a named executor and need authority to deal with the deceased's assets.
Prepare the grant application and help administer the estate. [1] [5] [3]
Handled by:
Apply personally to the Probate Office or relevant District Probate Registry, or instruct a solicitor.
Dealing with an estate without a valid will
You are the nearest next of kin of someone who died without a valid will.
Check who has priority to apply and how the intestacy rules divide the estate. [4] [1] [7]
Handled by:
Apply for a Grant of Administration Intestate through the Probate Office or relevant District Probate Registry.
Lawyer recommended
Handling inheritance tax and returns
You have inherited assets and need to establish your tax or filing obligations.
Check Capital Acquisitions Tax (CAT), earlier gifts and reliefs, and prepare an IT38 inheritance tax return. [8]
Handled by:
Use Revenue's myAccount or Revenue Online Service (ROS), its online tax services.
Lawyer recommended
Objecting to a grant because of concerns about the will
You have a beneficial interest in the estate and question the will's validity.
Assess the grounds for objection, prepare a caveat and respond to any warning. [6]
Handled by:
Lodge a caveat, a formal objection, at the Probate Office or District Probate Registry for the deceased's residence.
Lawyer recommended
Seeking proper provision from a parent's estate
You believe a parent's will fails to make proper provision for you.
Assess the parent's means and provision made, and bring any claim within six months of the first grant. [2]
Handled by:
Apply to court under section 117 of the Succession Act 1965.
Lawyer recommended
Administering Irish assets where the deceased lived permanently abroad
The deceased's permanent home was abroad, but they left assets here.
Coordinate the Irish application with foreign grants and evidence of foreign law. [9] [5]
Handled by:
Submit the Irish grant application to the Dublin Probate Office.
Lawyer recommended
Before you hire a lawyer
Questions to ask
- What experience do you have with estates like this one?
- Who would handle the matter day to day?
- How would you keep me informed, and how often?
- When could you start work?
- Can we meet by telephone or video?
- How would you approach any disagreement between executors or beneficiaries?
What to bring
- The will and any codicils, if available.
- A death certificate, if available.
- A list of assets, debts and any valuations you have.
- Details of executors, relatives and beneficiaries.
- Any court papers, tax correspondence or letters about a dispute.
Check your lawyer's registration with Law Society of Ireland Solicitor / Firm Search. [15]
Costs
Official charges
- Court fee for a personal application
- €200 to €1,300 for estate values from €1 to €1 million
- The bands are €200 up to €100,000; €400 up to €250,000; €700 up to €500,000; €1,000 up to €750,000; and €1,300 up to €1 million. Above €1 million, add €800 for each additional €500,000. [17]
- Court fee for an application through a solicitor
- €100 to €650 for net estates up to €1 million
- The court-fee bands are €100, €200, €350, €500 and €650 at net estate limits of €100,000, €250,000, €500,000, €750,000 and €1 million respectively. Above €1 million, add €400 per additional €500,000 or part. [17]
Questions about lawyer charges
- Is there a charge for the first consultation?
- How would you calculate your fees for this estate?
- Which work, VAT, court fees and other expenses would the quote include?
- Can you provide a written quote and explain when payments would fall due?
Applying personally for probate
-
Post the application and supporting papers
Post the form, Revenue acknowledgement, original death certificate (or coroner's interim certificate if none has issued), and copies of the will and codicils. Keep originals. If the deceased lived in Dublin, Kildare, Meath, Wicklow or abroad, use Dublin Probate Office; elsewhere in Ireland, use Dublin or their county's District Probate Registry. [5] [7]
-
Attend the probate appointment
The probate official checks your papers and may request clarification. Swear or affirm the oath and pay the court fee, calculated from the net value of the Irish estate. [5]
-
Receive the grant
The grant and any additional copies ordered are posted to you after the appointment. [5]
Usually within 3 weeks after the appointment
-
Settle debts and distribute the estate
Use the grant to administer the estate. Pay debts, including taxes, before distributing the remaining assets under the will. [1]
Common questions
Does every estate need probate?
No. Jointly owned assets usually pass directly to a surviving spouse without probate. For a bank account holding less than €20,000, the bank may allow access without a grant. Contact the institution to check its requirements. A grant is usually required to transfer property or money held in the deceased's sole name. [1]
When must I use a solicitor for the application?
A solicitor must apply if the applicant is under 18, the person entitled to apply is a ward of court or lacks decision-making capacity, the original will is lost, its validity is in question, or next of kin dispute the estate. An applicant who does not live in the Republic of Ireland also needs a solicitor if beneficiaries other than the deceased's spouse will inherit €20,000 or more. [5]
Who can apply if there is a will but no executors?
The person named in the will to inherit the residue can apply for a Grant of Administration with Will Annexed. The residue is any part of the estate not specifically identified and given away in the will. [1]
Could I need a tax return even when no inheritance tax is payable?
Yes. File an IT38 when your cumulative taxable gifts and inheritances in the same group since 5 December 1991 exceed 80% of that group's threshold, even if no CAT is due. An inheritance from your spouse or civil partner is exempt from CAT. [8] [11]
When must inheritance tax be paid and the return filed?
Valuation dates from January to August have a 31 October deadline that year; September to December dates have a 31 October deadline the following year. For valuation dates in the year ending 31 August 2026, the deadline extends to 18 November 2026 only if both the return and appropriate payment go through ROS. Late filing attracts a surcharge: 5% of tax, capped at €12,695, if less than two months late; 10%, capped at €63,485, if more than two months late. Late-payment interest may also apply. [12] [13] [14]
Must beneficiaries receive their inheritance within a year?
There is no fixed one-year completion guarantee. Section 62 requires distribution as soon as reasonably practicable, taking the estate's circumstances into account. Proceedings against personal representatives for failure to distribute generally need the court's permission if brought within one year of death. Creditors can bring proceedings sooner. [10]
Sources (17)
- Courts.ie - Explaining probate ↩ www.courts.ie
- Succession Act 1965 | Law Reform ↩ revisedacts.lawreform.ie
- Courts.ie - Solicitor's application process - cor ↩ www.courts.ie
- Courts.ie - Solicitor's checklist: Grant of Administration Intestate ↩ www.courts.ie
- Courts.ie - Applying for probate ↩ www.courts.ie
- Courts.ie - Object to a probate application ↩ www.courts.ie
- The New Application process ↩ www.revenue.ie
- Filing obligations ↩ www.revenue.ie
- Courts.ie - Solicitor's checklist: Foreign Domicile Applications ↩ www.courts.ie
- Succession Act 1965 | Law Reform ↩ revisedacts.lawreform.ie
- Exemption on transfers between spouses or civil partners ↩ www.revenue.ie
- How and when do you pay and file? ↩ www.revenue.ie
- Revenue eBrief No. 034/26 ↩ www.revenue.ie
- What charges are there for late filing? ↩ www.revenue.ie
- Solicitor / Firm Search ↩ www.lawsociety.ie
- How to file and complete the Statement of Affairs (Probate) Form SA.2 ↩ www.revenue.ie
- Courts.ie - Probate fees ↩ www.courts.ie
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This is general information, not legal advice; check current laws, fees and procedures with a lawyer or the relevant official body.
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