Executor: plain-English guide for Irish probate
The person named in a will to carry out its instructions and administer the estate after death.
What it means, in plain English
An executor is the person named in a will to administer the estate. Their job is to apply for the Grant of Probate, gather the assets, pay debts and taxes, and distribute what remains to the beneficiaries according to the will's instructions.
Executor in Irish probate practice
Most Irish wills name one executor, sometimes two. The executor does not have to be a solicitor or a family member; any adult with legal capacity can act. The role is voluntary, in the sense that a named executor can refuse by signing a formal renunciation, but once they take a step in the administration (a concept called intermeddling), they generally lose the right to refuse. The executor's core duties are fiduciary: they must act in the best interests of the beneficiaries, keep accurate accounts, avoid conflicts of interest, and distribute strictly according to the will. They can be held personally liable for mistakes that cost the estate money, so cautious record-keeping matters. Many first-time executors find the administrative load heavier than expected: typically 8 to 15 institutions to notify, an SA2 to file on Revenue myAccount, and the Probate Office application itself. The Executor's Year, a statutory concept, gives the executor 12 months in which beneficiaries cannot demand distribution, recognising that this work takes time.
Worked example
Siobhan is named sole executor in her aunt's will. The aunt's estate includes a house in Galway, two bank accounts, and some shares. Siobhan applies for the Grant of Probate, writes to the bank and credit union for date-of-death balances, files the SA2 on Revenue, arranges a property valuation, and pays the aunt's outstanding bills from the estate. Nine months later, with the Grant in hand and all debts settled, she transfers the house to the residuary beneficiary and splits the cash according to the will.
The statutory position
Executor duties are derived from the Succession Act 1965 (Part II), general principles of trust law, and the Rules of the Superior Courts (Order 79). Section 50 of the Succession Act sets out the Executor's Year. An executor who breaches their fiduciary duty may be personally liable to the beneficiaries for any resulting loss.
Related terms in this glossary
Related reading
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