Probate Law – An Overview

In legal terms, probate refers to the administrative processes relating to the handling of a deceased person’s estate.

In legal terms, probate refers to the administrative processes relating to the handling of a deceased person’s estate. This can be quite a broad subject, as different circumstances can arise which will affect the type of probate one is entitled to. Below we have outlined some common scenarios which arise during the handling of an estate and the typical outcomes.

Grant of Probate

Scenario: The deceased has left a valid will which has appointed an executor. Probate is granted by the probate office.

The executor is the person designated with the task of carrying out the terms specified within the will. The executor must administer the deceased’s estate in accordance with the will, as dictated by Irish probate law.

Grant of Letters of Administration

Scenario: A person has died without leaving a will.

In these circumstances, the administration of the estate becomes a bit more complicated. Letters of administration are typically granted to the deceased’s next of kin (this can be multiple people). The Succession Act of 1965 outlines the criteria for next of kin.

Grant of Letters of Administration with Will Annexed

Scenario: A valid will has been completed by the deceased, but another individual, who was not named as the executor, has applied for the Grant of Probate.

This scenario usually arises when the executor named in the will is unable or unwilling to act, typically because they have either passed away or become incapacitated. In these situations, the applicant will usually be the person who is named as the main beneficiary in the deceased’s will.

The above is just a general overview of the different ways in which probate can be administered. Considering the nature of probate and the various scenarios which may arise surrounding it, you are always advised to speak with a specialist probate solicitor when handling the estate of someone who is deceased.

To learn more about probate law, visit our legal services page or contact us to book a consultation.