New Probate Procedures and Processes – November 2019

Published: November 5, 2019

Important Changes to Probate Application With Effect From November 1st, 2019

The following changes were introduced by the Probate Office on the 1st November 2019. We have been informed that there will be a short grace period for applications that do not comply. Probate papers will shortly be rejected or returned if they do not comply with these new requirements. Where possible we will review all papers sent to us for lodging to ensure they comply to prevent them being returned or queried.

1. The original Death Certificate is required for all cases, copies will NOT be accepted. The original will be retained by the Probate Office.
2  Two x Revenue Affidavit must be lodged – One original and one copy that must be certified by the solicitor to be a true copy of the original. (Two originals will not be accepted)
3 A Notice of Application must be lodged in all cases, instead of copy oaths. Copies of oaths will no longer be accepted. A Notice of Application template available for download here:  Notice of Application 2019
4 In all cases with wills, where the oath currently states that the deceased did not intermarry with any person after making the will, it must now also state that they did not enter into a civil partnership. Suggested wording as follows:

‘that same was made by the said Testator after attaining the age of 18 years, and that she did not intermarry or enter into a civil partnership with any person after the making of same’

5. In Intestate cases, there are two changes

  1. Civil Partners must be cleared off in the same way as spouses
  2. Where someone has never married (or entered into a CP) it will no longer be assumed that they had no issue. Issue must be cleared off as if the person was widowed.

Sample wording on oaths for administration intestate as follows:

‘died intestate a single person who never married or entered into a civil partnership and died without issue that I am the lawful father of the said deceased ‘

6. Affidavits of market value will not be required any longer. If and when a current valuation is required, a letter from an auctioneer will suffice in all circumstances.
8. Provided the papers are lodged within 12 months of the date of death, no proof of current market value will be needed.
9. In applications for second or subsequent Grants, it will no longer be necessary to put the word “unadministered” before the word “estate.”
10. Postal applications to the Probate Office must be accompanied by a Stamped Addressed Envelope to the value of the papers. Otherwise they will not be assessed.

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