Healy O'Connor

Taking Out a Grant of Probate

In order to take out a Grant of Probate, the Solicitor on behalf of the Executor must apply to the Probate Office to obtain a Grant of Probate so that the deceased’s estate (assets) can be distributed according to their will.

Before a Grant of Probate

Before starting the procedure, a Solicitor must do the following:

  • Revenue Commissioners

A submission must be made to the Revenue Commissioners detailing the value of all assets and debts of the deceased and value at the date of death. This submission must also contains details of all beneficiaries and the estimated value of inheritances for the assessment of any tax liability.

  • Beneficiaries

Once each beneficiary is identified, they must contact the Revenue Commissioners within four months of the valuation date of their inheritance in order to make an Inheritance Tax Return.

We will provide contact details of all beneficiaries to the Executors/Administrators as soon as possible so that they can be notified of the approximate value of their inheritance.

If a tax liability is not met by the Estate (Capital Acquisitions Tax) the Executor/Administrator will be required to meet all tax liabilities. Therefore, no money or assets are released to beneficiaries until Tax Clearance Certificates are obtained.

When we have received these certificates, we will prepare further documentation to submit an application to the Probate office.

  • Administration of an estate

A Solicitor must deal with other issues arising from the administration of an Estate such as dealing with the Bank(s) of the deceased, communicating with the Department of Social and Family Affairs, and obtaining valuations of any property left in the will.

  • Issuing of a Grant of Probate

When a Grant of Probate/Administration is issued from the Probate Office, it will be forwarded to the various financial institutions and the assets of the estate are collected.

These assets are then distributed in accordance with the Will (if one exists) or in accordance with the Rules of Intestacy (where there is no Will) which are contained in the Succession Act 1965.

Contact us

For further information on the procedure involved in taking out a Grant of Probate or a Grant of Administration, please contact our Probate Specialist on Freephone 1800 54 54 54 or email us at info@hoc.ie