Home
English VersionIrish Version
Search for Click to Search
Advanced Search
Printable Version
All SectionsPractice DirectionsCourt Rules Terms & Sittings
Legal Diary Offices & Maps Judgments & Determinations

Administration de bonis non checklist - solicitor application

• Review your application thoroughly before submitting it.
• Check rejected application: common reasons to ensure your application will not be rejected.
• Use the checklist below to make sure you have all documents.
• Apply to the same registry from which the first grant issued. However, if the first grant issued prior to 1/1/1967, apply to the Dublin Probate Office.
• 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).

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 the fees section for fee information.

3. Primary grant

The original grant of administration or an official copy if it is not available must be lodged. If lodging official copy, a letter of undertaking to lodge the original if and when it comes to hand is required.

4. Oath for administrator de bonis non

Form No. 5 Appendix Q Rules of Superior Courts suitably adapted to read 'unadministered' before the word 'estate'.

Heading to include type of oath, name of deceased and all variations of same, last address of deceased, occupation of deceased and applicant, full filing clause.

Insert title in oath and clear off all persons having a prior entitlement [see Order 79, Rule 5 Rules of the Superior Court and specimen titles set out in Appendix 16 Probate Practice in a Nutshell by Eamonn G. Mongey].

The date and place of issue of the primary grant and the reason why and date when it terminated must be inserted in the oath.

Estate to be split into unadministered real and personal estate. Leasehold property is to be shown as unadministered personal estate and if no unadministered freehold property it must be stated 'There is no unadministered real estate'.

Current value of unadministered immovable property as per valuation to be inserted.

5. Copy oath 

6. Renunciation (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 19 for renunciation form.

7. Power of attorney (if applicable)

To be exhibited reciting date of same in oath and marked by applicant and commissioner before whom oath was sworn. For further information see the powers of attorney section.

8. Evidence of  current market value of property

A certificate of valuation from an auctioneer will suffice where the unadministered property is a dwelling house on less than one acre.

An affidavit of current market value is required if the unadministered property is not used as a dwelling house or is over 1 acre in size.

See Appendix 8 Probate Practice in a Nutshell by Eamonn G. Mongey.

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 A3C. Lodge two original fully completed sworn Form A3Cs. (These A3s do not need to be submitted to the Revenue first). Insert current market values. The downloaded version of A3C must be completed on computer. The hard copy version must be completed in blue pen. Both copies must be identical.

b. for deaths before 5/12/2001

Check 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. Bond

Order 79, Rule 29 Rules of the Superior Court

Use the appropriate form of bond as per date of death suitably adapted to singular form if appropriate. Forms are available here. There are 3 forms: one for deaths on or after 1/1/1967, one for deaths between 1/6/59 to 31/12/66 and one for deaths prior to 1/6/59.

Insert penal sum to cover double the gross assets (including double the current value of immovable property).

Applicant should execute bond before the same commissioner before whom oath was sworn (Order 79 rule 29 Rules of the Superior Court)

Bond cannot be executed before the solicitor or agent of the party who executes it (Order 79 rule 29 Rules of the Superior Court)

12. Justification of surety (if required)

Form No. 16 Appendix Q of Rules of the Superior Courts. Required if an individual acts as a surety to bond (sureties are no longer required unless the Probate Officer directs). However, if there is a surety to the bond, a justification of surety is required).

Person who swears affidavit of market value cannot act as surety.

No practising solicitor or clerk or apprentice solicitor can act as surety without leave of the court or Probate Officer - Order 79, Rule 73 Rules of the Superior Courts.

13. Court orders (if applicable)

Attested copies required

 
 
________________________
Content reviewed: 7 June 2017