Executor checklist: grant of probate - solicitor application

Executor checklist (including double probate)

• Review your application thoroughly before submitting it.
• Check rejected applications: common reasons to ensure your application will not be rejected.
• Use the checklist below to make sure you have all documents
• Sort your papers into the order in which they appear in the list below (whether you are lodging papers by post or at the counter).
• For double probate applications, use this checklist (variations are detailed below).

Documents to be lodged:

1. Form S1 (postal application form)

Completed Form S1 must be lodged with all applications submitted by post.

2. Fees

See fees section for fee information

3. Original will & codicil (if applicable)

To be marked by applicant and commissioner before whom oath was sworn.

Where will/codicil was already proved in another jurisdiction, copy of the will/codicil sealed and certified by the court where it was proved to be marked. A sealed and certified copy of the grant which issued in that jurisdiction should also be lodged.

4. Death certificate

A coroner’s interim death certificate will be accepted where the final death cert is not yet issued.

5. Engrossment of will/codicil

Photocopy of will/codicil or typed engrossment certified by solicitor to be a true copy. See Chapter 3 of Probate Practice in a Nutshell by Eamonn G. Mongey for further information.

6. Oath for executor (Form 3 Appendix Q Rules of Superior Courts)

See here for form of oath. Heading to include type of oath, name of deceased and all variations of same, last address of deceased and any former address referred to in will, occupation of deceased and applicant, full filing clause. Exhibit original will/codicil/sealed & certified copy will/codicil /official copy as appropriate.

Date of death value of Irish Gross Assets as per Inland Revenue Affidavit to be inserted.

For double probate

Refer to first grant in oath; Exhibit official/sealed and certified copy will [and codicil(s)] (in place of original)

7. Copy oath (x 2)

8. Renunciation of executor (if applicable)

To be exhibited and marked by applicant and commissioner before whom Oath was sworn.
See Rules of the Superior Court, Appendix Q, Form 18 for renunciation form.

9. Inland revenue affidavit

Copies of vouching documents should not be included except where any question is answered by stating 'see attached'. A copy of 'attached' document should be lodged

a. For deaths on or after 5/12/2001

Use Form CA24. Read  Guide to completing an Inland Revenue Affidavit before completing the CA24.

Lodge one original sworn copy and one certified copy of the CA24.

The certification on the copy must state that is a true and original copy of the original CA24 being presented and must include the name and address of the deceased and the name, address, phone number and signature of the solicitor who has carriage of the application.

b. For deaths before 5/12/2001

Check www.revenue.ie for the relevant forms. These forms must be lodged with Revenue first and a certificate for the High Court must be obtained.

10. Schedule of lands (CA6 or Part 6 of CA24 depending on version)

Required for deaths before 5/12/2001 if there is property in the estate. Date of death value and tenure must be inserted

11. Affidavit of attesting witness (if required)

See the affidavit of attesting witness page for guidelines on when these affidavits are required.

12. Affidavit of plight and condition (if required)

Required where pinholes/paper clip marks, and torn edges etc. The affidavit should be sworn by the person responsible for the mark/tear etc. See Chapter 3 & Appendix 1 (e) of Probate Practice in a Nutshell by Eamonn G. Mongey.

13. Affidavit of testamentary capacity

See precedent affidavits in Appendix No. 23 and 24 Probate Practice in a Nutshell by Eamonn G.Mongey. Required where deceased was a ward of court, died in a mental institution or suffered from a mental illness. To be sworn by doctor attending testator at time of execution of will. If the deceased was not attending a doctor at that time or the doctor is deceased the affidavit can be sworn by the solicitor who prepared the will. If the solicitor makes such an affidavit reference should be made to the reason why the doctor is not making same. See the testamentary capacity section for further information.

14. Charitable bequest form (Form PAS3)

Required where there are charitable bequests in the will relating to Irish charities. Money bequeathed for masses should be inserted. Exact wording as per will must be inserted.

15. Court orders (if applicable)

Attested copies required.