Solicitor's checklist: Grant of Administration Intestate

If a person dies without leaving a valid will, this is known as having died intestate.

In this case the nearest next of kin can apply. The grant type issued will be a Grant of Administration Intestate.

The following priority determines who the nearest next of kin is:

1. Spouse or civil partner
2. Child
3. Children of a pre-deceased child
4. Parent
5. Brother or sister
6. Children of a predeceased brother or sister
7. Nephews and nieces
8. Grandparents
9. Uncles and aunts
10. Great grandparents
11. First cousin

The Succession Act 1965 and the Rules of Court,  Order 79, Rule 5(1) specify, in detail, the rules that apply when there is no will.

Grant of administration required documents

1. Notice of Application for Solicitors - Intestate
2. Oath of Administrator Incorporating Administration Bond - Intestacy (original only – no copies are required).
3. Original Death Certificate or an interim Death Certificate from a Coroner (if the death certificate has not yet been issued). Only certified copies will be accepted; uncertified copies are not permissible.
4. Notice of Acknowledgement (Probate) form received from Revenue.ie for deaths on or after December 5, 2001
5. Revenue Affidavit (CA24) received from Revenue.ie for deaths before December 5, 2001
6. Probate Fee

Documents required in certain circumstances:

1. Statement of current market value: Required if the date of death is over 2 years ago. The oath must also specify the current market value in this case.
2. Renunciation Form: Needed if an executor wishes to renounce their rights.
3. Administration Bond: If date of death is before 1967, please ensure to lodge the correct form of bond: 
   Bond for deaths before 1959 or 
   Bond for deaths between 1959 and 1966
4. Power of Attorney Form for Administration Intestacy: If an appointed attorney is applying on behalf of another party. 
5. Court/Probate Officer's Order: certain types of specialised applications will require a Court/Probate Officer’s Order. See  Order 79 of the Court Rules. If a Court/Probate Officer's order has been made it must be referred to in the oath.