When someone you love passes away, dealing with their legal and financial affairs can feel overwhelming. Probate is the formal process that allows their estate to be settled and their wishes carried out. In Ireland, this process is governed by the Succession Act 1965 and overseen by the Probate Office, an office of the High Court.
This guide explains what probate involves, when it is required, and what to expect at each stage. Whether you have been named as an executor, are next of kin, or are simply trying to understand the process, we aim to give you a clear picture of what lies ahead.
What is probate?
Probate is the legal process through which a deceased person's estate is administered. When there is a valid will, the Probate Office issues a Grant of Probate — a legal document that confirms the executor's authority to collect assets, settle debts, and distribute the estate to the beneficiaries named in the will.
When there is no will, the process is called “intestacy” and the court issues Letters of Administration instead. The effect is similar, but the estate is distributed according to a fixed legal formula under the Succession Act 1965 rather than the wishes of the person who has passed away.
In practical terms, probate is necessary because banks, the Land Registry, and financial institutions will not release assets without seeing the Grant. It is the legal proof that someone has authority to act on behalf of the estate.
The probate process step by step
While every estate is different, the process generally follows these five stages. Timelines can vary depending on the complexity of the estate.
Locate the will and identify executors
Value the estate
Complete the Statement of Affairs (Probate) Form SA.2
Apply to the Probate Office for a Grant of Probate
Collect and distribute the estate
When is probate required?
What if there is no will?
When someone passes away without leaving a valid will, their estate is distributed under the rules of intestacy, as set out in the Succession Act 1965. The next of kin applies to the Probate Office for Letters of Administration rather than a Grant of Probate.
Intestacy follows a strict legal formula. A surviving spouse or civil partner typically receives a significant share, with the remainder divided among children. Where there is no spouse or children, the estate passes to parents, siblings, and then more distant relatives. The rules can be complex, particularly when families are blended or relationships are estranged.
How long does probate take?
Probate in Ireland typically takes 6 to 12 months from the date of death to final distribution, though this varies considerably. Simple estates with a valid will, one property, and cooperative beneficiaries may be resolved more quickly. Complex estates involving foreign assets, disputes, or missing documentation can take 18 months or longer. For a detailed breakdown of each stage, see our guide to how long probate takes in Ireland.
How much does probate cost?
The total cost of probate depends on the size and complexity of the estate. Typical costs include solicitor fees (the largest component), Probate Office filing fees, property and asset valuations, and any tax liabilities. For a straightforward estate, total costs might range from €3,000 to €15,000. More complex estates will cost more. Our guide to probate costs and fees in Ireland covers each expense in detail.
How we can help
At TheProbate.ie, we coordinate the professionals you need — solicitor, tax advisor, and property valuer — so they work together from day one. Try our free assessment to understand what your estate needs, or call us if you would prefer to talk it through.