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Probate meaning

 

Probate refers to the court-supervised process of proving a Will.

What is meant by ‘applying for probate’?

When a person dies, it is sometimes necessary to apply for a grant of representation to deal with that person’s estate (such as land or buildings, money or other possessions owned at the date of death). This process is sometimes colloquially referred to as ‘applying for probate’.

A grant of representation or a ‘grant’ is a court-issued document which entitles a named individual to represent the deceased’s estate and distribute his/her assets. There are many different forms of grant which can issue. The two most common grants are a grant of probate (where there is a will) or a grant of letters of administration (where there is no will).

What is a grant of probate?

A grant of probate is a court-sealed document that proves an executor named in a Will has the authority to deal with a deceased person’s assets.  Applying for a grant of probate involves submitting an estate account on oath or an ‘Inland Revenue Affidavit’ to the Probate Office along with the original Will, amongst other documents (see courts service website here for further information). Once a Will has been authenticated by the Probate Office, a grant of probate will issue, and you as executor will be free to sell property, pay off debts, close accounts and distribute assets in accordance with the Will.

What is an ‘executor’?

An executor is a person named in a Will to administer an estate of a deceased person.

What is a grant of letters of administration?

A grant of letters of administration is an official court document that proves you have the authority to deal with someone’s estate where there is no Will. The key difference between a grant of letters of administration and a grant of probate is that the former is needed where there is no will. It may also be required in cases where there is a will but the executors are unable to deal with the estate. This is known as a grant of letters of administration with will annexed.

If you recently lost a loved one and stand to inherit the majority of his/ her estate under the rules of intestacy, you may need to apply for a grant of letters of administration before you can deal with that person’s assets. As part of this process, you will become the administrator of the estate.

Comparing solicitor’s fees quoted in a probate matter

When comparing prices quoted by probate lawyers to act on your behalf to extract a grant of representation you may notice that fees quoted differ by hundreds or potentially thousands of euros. That may be because each firm is quoting on a different basis.  Broadly, there are two types of service a solicitor can provide a personal representative when s/he is required to extract a grant of representation: a) apply for the appropriate grant (in which case fees tend to be lower); or b) apply for the appropriate grant and administer the estate according to the Will or the rules of intestacy (in which case solicitor fees tend to be higher). If you need the sale of land or buildings to be included in the price quoted you will need to specifically ask a solicitor to quote for this work too as otherwise it may not be included in the fee quote.

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Applying for a grant of representation only

In circumstances where both the personal representative and the beneficiaries of an estate are resident in Ireland, it is possible for a solicitor to be instructed just for the purposes of applying for a  grant of representation. In that instance, the personal representative will be required to administer the estate him/herself after the grant has issued.

In many cases, instructing a solicitor to apply for a grant of representation only is not a recommended approach due to Irish inheritance and tax rules which can be complicated. Instructing an experienced solicitor to administer an estate has the potential to offer real value to a personal representative and beneficiaries in terms of navigating potentially complicated inheritance rules, preparing final estate accounts and keeping records.

Quote for Applying for Representation only

To provide a quote under this heading, we will need to gather relevant information about the estate and the deceased’s immediate family members. A solicitor will then review the information and, if no further documents are required, s/he will send you a quote for preparing the appropriate application for a grant.

This option is only recommended in very limited circumstances such as where the estate consists of cash at a bank only and the deceased had no dependents. In most cases, we would recommend a personal representative to engage a full estate administration service from a solicitor.

Full estate administration

 

Full estate administration includes all work involved in applying for a grant of representation in addition to the administration that is required afterwards such as paying off debts, dealing with inheritance tax issues, selling property, closing bank accounts and collecting funds, claiming on life insurance policies, and distributing funds to beneficiaries. Most importantly we are required to retain records and advise you in relation to potential claims which could be made against the estate.

The work required to administer an estate varies from case to case.  While many probate solicitors charge a percentage of the estate, we do not. Our fees depend on the amount of time it is likely to take to bring your case to a satisfactory conclusion and the level of seniority required from our staff to do so. In some instances, it will be possible for us to quote a fixed fee for the administration of the estate at the outset but where it is not possible to do so, we will set out the basis of our charges in as clear and as transparent a way as possible, as is always required in accordance with our obligations under section 150 of the Legal Services Regulatory Act 2015.

To obtain a quote for our services please contact us via our secured Online Contact Form or send us an email at info@amoryssolicitors.com and a member of our team will respond within 24 hours.

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Probate Lawyers Team Profile - Emer Cassidy

Emer Cassidy

Trainee Solicitor

Emer, a trainee solicitor with Amorys, specializes in property and banking law. She assists with title reviews, conveyancing, and contract drafting. With experience at NAMA managing debt and property portfolios, Emer brings unique expertise and is set to qualify in 2026. Her dissertation explored legal issues in home loans and security enforcement.

Probate Lawyers Team Profile - Chaitra Girish Mallya

Chaitra Girish Mallya

Legal Executive

Chaitra, with a Masters of Law from UCD, specializes in probate, estate administration, and wills. She also brings expertise in employment and company law, supported by her LL.B. and B.A. from Bangalore University. Chaitra’s corporate law background in India enhances her contributions to the Amorys team.

Probate Lawyers Team Profile - AnneMarie Glynn

AnneMarie Glynn

Senior Associate Solicitor

Anne Marie, a solicitor since 2005, specializes in commercial and residential property, licensing law, and leasing. She advises developers, landlords, and tenants on sales, purchases, and leasing, with expertise in complex developments and planning. Anne Marie also led a telecom acquisition project and volunteered with FLAC.

Probate Lawyers Team Profile - Sharon Dunning

Sharon Dunning

Partner, Solicitor

Sharon Dunning, a solicitor since 1995, specializes in commercial real estate, acquisitions, disposals, leasing, and financing. With experience from McCann Fitzgerald and Miley & Miley, she advises developers, lenders, and investors on housing schemes, mixed-use developments, and private rented sector projects.

Probate Lawyers Team Profile - Paul McKnight

Paul McKnight

Partner, Solicitor

Paul, a solicitor since 1990, co-founded Felton McKnight Solicitors in 2003. With extensive legal expertise and a First-Class Masters in Law, he has excelled in corporate governance, media regulation, and environmental law. Recently elected President of the Wicklow Solicitors Bar Association, Paul champions professional development.

Probate Lawyers Team Profile - Mark Felton

Mark Felton

Partner, Solicitor

Mark, a solicitor since 1992, brings decades of experience rooted in banking and law. A fourth-generation solicitor, he co-founded Felton McKnight Solicitors in 2003 after years managing the Greystones office of a leading Wicklow firm. Mark continues to provide trusted legal services in the Greystones area.

Probate Lawyers Team Profile - Brian Kirwan

Brian Kirwan

Partner, Solicitor

Brian, Partner at Amorys, specializes in commercial and residential conveyancing, banking law, and property transactions. With expertise in security review, large-scale acquisitions, and advising corporate clients on compliance, he serves diverse clients, including developers, banks, and credit unions, across Ireland and the UK.

Probate Lawyers Team Profile - Deirdre Farrell

Deirdre Farrell

Partner, Solicitor

Deirdre, Partner at Amorys, specializes in complex commercial and residential property transactions, co-ownership disputes, and conveyancing. She leads a skilled team delivering efficient, solutions-driven advice. A member of key legal bodies, Deirdre excels in construction law, planning, and regulatory compliance.

Probate Lawyers Team Profile - Sharon Scally

Sharon M. Scally

Managing Partner, Solicitor

Sharon Scally, Managing Partner at Amorys Solicitors LLP, has over 40 years’ experience in commercial property, conveyancing, landlord/tenant law, and litigation. A co-founder of LAW, she connects clients globally. Sharon specializes in complex property, banking, and commercial cases, fostering lasting client relationships.

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