When it comes to how long does probate take in Ireland. The following is important. It is the legal process that deals with a deceased person’s assets and their distribution among beneficiaries or those entitled. Probate is required where the deceased’s assets (bank accounts) are worth more than €25,000 or where there are real assets (lands, dwelling house) and does not pass to a surviving co-owner. If Probate is necessary, the assets in the estate will be frozen until the Grant of Probate/Grant of Administration has been issued by the Probate Office.

There is no set time as to how long the Probate process takes and it is different for every estate, however, it will usually take over a year for the Grant of Probate/Grant of Administration to issue. Even a seemingly simple estate may have curveballs that create unforeseen delays.

In Ireland, the Executor in the estate has 12 months to administer the estate, starting from the date of death of the deceased. This is known as ‘the Executor’s Year’.

There are a number of steps involved in the Probate process:

  1. The most recent Will of the deceased must be located. This can be straightforward if someone is aware of the location of their loved one’s Will. However, if this is not the case, your solicitor will have to do a search with all local solicitors to establish whether the deceased had a Will or whether they died intestate, i.e. without a Will.
  2. The beneficiaries in the estate must then be located. The beneficiaries are those entitled to the assets in the estate either under the Will or where there is no Will, the Succession Act 1965.
  3. The value of the assets in the estate must then be established in order to complete the Inland Revenue Affidavit Form SA2. All of the assets in the estate (land, property, bank accounts, life policies, etc) must be located and their value as at the date of death of the deceased must be confirmed. This can be a lengthy process depending on the estate.
  4. The documents required to submit the application for the Grant of Probate/Grant of Administration (Revenue Return SA2 and probate papers) must then be compiled and the application itself must be drafted. Once the application is lodged in the Probate Office, it is then a matter of waiting for the Grant of Probate/Grant of Administration to issue. This can take 10-16 weeks from the date papers are lodged.

We at McElhinney & Associates Solicitors have years of experience dealing with Probate matters and you can contact us today on (074) 9175989. or email us at admin@mcelhinneyassociates.com

*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

**This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.