O Shea Legal Probate Solicitors Ireland

O’SHEA LEGAL – PROBATE SOLICITORS IRELAND

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APPLYING FOR PROBATE – 6 ESSENTIAL TIPS

Step One - The Will.

You should locate the will and place it in safekeeping as soon as possible. This is the document that appoints you in charge of taking all the decisions and directs who gets what. Many people die without making a will in which case the estate is distributed in accordance with the law of the land. Most people leave their original will with their solicitor however some may store it with their title deeds or other important documents which may be kept at home or in safekeeping at a Bank or Credit Union. You may need to call these places to ask if they held deposit boxes for the deceased. If the will is with the solicitor you may wish to discuss whether you would like his firm to act for you in the administration of the estate. Remember however that just because the solicitor has the will there is no automatic entitlement for him to do the probate work. If you find his fees to be excessive, you are perfectly entitled to take your business elsewhere.

Wills that have been prepared by a solicitor will look formal and are generally clearly distinguishable. However many wills are done informally and may be handwritten which is perfectly acceptable. Either way the original will is required for probate. The deceased may also have signed a Codicil which is a document that revises or adds to a Will previously made.

If you can only locate a copy of the will then an application will have to be made to court to the probate judge to have the copy admitted. If the deceased was the last person in possession of the original Will then there is a presumption that the deceased revoked the will by tearing it up. You will have to prove that the deceased did not revoke the will and you can do this by establishing that there was no change of intention on his part, no falling out with the beneficiaries, and perhaps there was a discussion by someone with the deceased about the terms of the will. It may be a simple matter of proving that the will was destroyed in a fire or lost in a solicitors office.

Once you locate the will you should photocopy it a few times and then store the original in a safe place. First you will want to read the will and satisfy yourself that it is a valid will ie has been properly executed in accordance with the rules and regulations governing wills in Ireland. Many wills that are not properly prepared and signed end up being the subject of hotly contested court cases. Many wills are written in legaleze and you will need to decipher the terms of the will.

There is no legal requirement to convene a gathering of beneficiaries for a formal reading of the will. This mostly only happens on TV! However you should furnish a copy of the will to the principal beneficiaries and to any persons who threaten to make a claim against the estate. You are not required to give a copy to beneficiaries who have been bequeathed pecuniary bequests ie a fixed sum of money or those who have been bequeathed specific assets such as a painting or jewellery or house etc. You should also give a copy to the ‘residuary legatee and devisee’. This is the person who gets what is left over after all the debts and the specific bequests have been paid.

What if there is no Will?

If there is no will then the deceased is said to have died ‘intestate’ and the estate will be divided amongst the ‘next of kin’ in accordance with the law of the land and this is explained in detail on out website The procedure for administration of the estate will be similar to a testate case except of course there is no will. The only additional document required will be a Bond which you as admisistrator will be required to sign and in which you effectively guarantee to the president of the High Court that you will perform your duties according to the law.

Step Two - Death Certificate.

The next task is to obtain the official Death Certificate. A doctor will sign a certificate of death within a few days of someone dying and this will be sent to the Registrar of Births Deaths and Marriages where official copies will be made available to the public upon payment of a fee. It is recommended that at least three copies be obtained. You may either apply in person, in writing or on line at You will be asked to supply the date of death, date of birth, pps number, address etc for the deceased.

If the death occurred in unusual or unexplained circumstances there may be a requirement for an autopsy and or an inquest. This may cause delay in the availability of an official death certificate as the cause of death must be determined before the certificate can be finalised. However the Coroner will issue a document called a ‘Certificate of Death’ which is acceptable for probate purposes. This available from the CountyCoroner’s office upon application in writing and upon payment of a fee. The addresses for the Registry of Births Deaths and Marriages and the Coroners offices are listed at

Step Three - Funeral Expenses.

Priority should be given to discharging the Funeral expenses comprising mainly the bill from the undertaker. You should write to the Bank or financial institution with a copy of the death certificate, copy will as proof of your appointment as executor and a copy of the invoice. They will release sufficient funds to pay the undertaker and if you have already settled the account out of your own resources you should explain this and the funds will be reimbursed directly to you.

Step Four – Gathering the Documents.

The will is just one of many documents you should gather together. The following is a list of some of the other documents required:

Foreign Wills;

Birth Certificate;

Bank Account book;

Pension Book;

Marriage Certificate;

Divorce Decree;

Judicial Separation Decree;

Post Office Saving Certificates/Bonds;

Share Certificates;

Title Deeds;

Insurance Policies;

Life Assurance Policies;

Business Partnership Agreement;

Motor Car ownership details;

Living Will;

Enduring Power of Attorney;

Trust Documents.

Credit Cards;

Tenancy Agreement;

Medical Health Insurance policy.

Keys to property, vehicles and safes.

Step Five – Notice of Death.

You will have to make contact with various organisations and bodies with whom the deceased interacted during his life for the purpose of notifying them of the death and to terminate any ongoing contractual arrangements. The following is a guide to the more common ones and you should look out for and collect documents that give reference numbers, codes and passwords as you will need to quote these on any correspondence for reference purposes:

Banks;

Charities;

Department of Social and Family Affairs;

Television company;

Telephone company;

Mobile phone service provider;

Electricity Supply provider;

Gas supply provider;

Post Office;

Newspaper and magazine subscription;

Household Charges;

Non principal Private Residence Charge;

Golf Club;

Insurance Company;

Employer;

Doctor;

Stockbroker;

Solicitor;

Facebook or other social media providers;

Landlord;

Credit Card Company.

Email service provider.

Tenants of the deceased.

Step Six - Protecting the Assets.

One of the main duties of an executor or administrator is to protect the assets. If any of the assets are damaged or stolen before being distributed to the beneficiaries, then the LPR may be legally responsible if he or she failed to take the elementary steps to minimise the risk of this happening. The following steps should be taken in respect of the most vulnerable assets:

Personal Belongings.

Most families will get together and sort through the personal belongings and divide them up amicably. The significant problem is what to do with the unwanted items. More often than not the cost of disposal of these items will exceed their value. If there are contents of value then an agent will come to value these items and recommend how best to dispose of them either by auction or by private sale. A list of such agents are provided at Index xx. Other items such as clothes, ornaments or books may be donated to Charity shops. See list of Charity Shops at index xx. Over a period of time these items will be disposed of and ultimately a clearout of unwanted items of little or no value can be undertaken prior to a property being sold or rented.

Deceased’s Dwellinghouse:

If the house is vacant then you should do as follows:

Ensure all windows and doors are locked;

Visit regularly and collect mail and dispose of junk mail

Ensure the heating is kept on at low level during cold spells;

Arrange for the gardens to be maintained;

Ensure the property is fully insured with your interest noted on the policy;

Ensure all valuable contents are insured;

Take an inventory of all contents and photograph all items of value.

Ensure the utilities such as gas, water, electricity are not cut off.

Remove all portable valuables to a safe location.

Arrange for lights to be put on a timer.

If the house is likely to be vacant for some time then arrange for a housesitter.

Attend to any repairs and maintenance required.

Pay any outgoings relating to the property such as mortgage payments.

Alert the neighbours and ask them to keep an eye and give them your contact details.

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Other property of the deceased:

Ensure all property is insured for full replacement value and contact the deceased’s insurance broker to discuss the requirements.

Secure the keys for cars and boats and store them at a secure location;

Take an inventory of all moveable assets and ensure they are stored safely;

Take photographs of all moveable items where possible.

Have someone with you when taking the inventory and photographs.

If you find cash, count it in the presence of a witness and place it in a sealed envelope for lodgement in the Bank.

If there are share certificates they should be retained on the probate file until they are either transferred to a beneficiary in the will or sold.

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