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Administration intestate checklist - solicitor application

 

• 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).

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. Death certificate

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

4. Oath for administrator

Appendix Q Form No. 5 Rules of Superior Court
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 Courts and specimen titles set out in Appendix 16 Probate Practice in a Nutshell by Eamonn G. Mongey].

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

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

5. Copy oath (x 2)

6. Renunciation of person with prior entitlement to the applicant (if applicable)

To be exhibited reciting date of same in oath and marked by applicant and commissioner before whom oath was sworn.

See Rules of the Superior Courts, 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

8. Evidence of current market value of property

A certificate of valuation from an auctioneer will suffice where the property is a dwelling house on less than 1 acre.

An affidavit of current market value is required if the 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 for precedent affidavit of market value.

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 should state that the copy is a true copy of the original CA24 being presented and must include the name 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. Bond

Order 79, Rule 29 Rules of the Superior Court.

Use 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 (O.79 rule 29 Rules of the Superior Court)

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

12. Justification of surety (if required)

Form No. 16 Appendix Q of Rules

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).

13. Court orders (if applicable)

Attested copies required.

 
 
 
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Content reviewed: 23 November 2017