Extracting a Grant where there is no Will

Where a person dies without having made a Will they are said to have died intestate. In order to distribute the deceased’s estate it may be necessary to extract a Grant of Letters of Administration. This is similar to a Grant of Probate.

Step 1
Appoint a Legal Personal Representative. This is the person who will be responsible for administering the deceased’s estate.

The deceased’s nearest next of kin is entitled to extract the Grant in the following order of priority:

  • the deceased’s surviving spouse
  • the surviving spouse jointly with a child of the deceased nominated by the surviving spouse
  • child/children of the deceased
  • issue of any child who has died during the lifetime of the deceased
  • the deceased’s father or mother
  • the deceased’s brothers or sisters
  • nephews or nieces
  • grandparents
  • uncles or aunts
  • great grandparents
  • nearest next of kin
  • the nominee of the State

Step 2
Obtain Death Certificate. This can be obtained from the Register of Births, Deaths and Marriages. If it is not available you can obtain an interim Death Certificate.

Step 3
Identitfy the deceased’s assets and liabilities.

Step 4
Obtain PPS numbers and addresses for deceased and all beneficiaries.

Step 5
Complete the Inland Revenue Affidavit.

Step 6
Inform the Department of Social Protection and provide them with a copy of the Inland Revenue Affidavit.

Step 7
Draft application documentation.

Step 8
Arrange for documentation to be sworn before a Commissioner for Oaths.

Step 9
File all documentation with the Probate Office together with the required fee.

Step 10
Collect Grant of Letters of Administration.

Conveniently located on Collins Avenue MBSolicitors are expert Probate solicitors who provide a fixed fee service. If a member of your family or a person close to you has passed away please contact us for a free consultation. You can contact us through the contact form or if you would prefer to phone us we are available at 01 5677343.