Applying for probate
Probate, or a grant of probate, is a legal document issued by the Probate Registry. It officially gives executors the authority to deal with their loved one’s affairs.
To obtain the grant the executors have to:
make an application to the Probate Registry
attend in person
swear an oath.
There’s a fee for making this application and a further fee for swearing the oath.
Appointing a solicitor to get the grant of probate
Some executors prefer to appoint a solicitor to act on their behalf as executors just to get the grant of probate.
If you choose to do this, you can recover the solicitor’s fees from your loved one’s estate. We recommend that you keep copies of all the solicitors’ invoices, as you’ll need them when you draw up the statement of income and expenditure (estate accounts) once the administration is completed.
After you get probate
Getting probate can take a few weeks. Once you have probate, the executors are recommended to advertise for any unknown creditors of their loved one to come forward for payment.
Executors are personally liable for making sure that all their loved one’s debts have been paid and the estate is properly distributed to the correct beneficiaries.
By advertising for creditors in the local press and
The Gazette using S.27 notices, you can potentially protect yourself from liability. Back to Information for executors