Oath for Executor: plain-English guide for Irish probate
The sworn statement an executor signs at the Probate Office confirming their identity, their appointment under the will, and their intention to administer the estate according to law.
What it means, in plain English
The Oath for Executor is the formal sworn statement that every executor signs, in front of a Commissioner for Oaths or a practising solicitor, before they can apply for a Grant of Probate. It is a short document (typically one page) but it has legal weight: signing it falsely is perjury. The oath confirms the will is the deceased's last valid will, that the executor is named in it, and that they will faithfully administer the estate.
Oath for Executor in Irish probate practice
In Irish practice the oath is prepared in advance and brought to the Probate Office appointment already signed, sealed, and stamped by whoever administered it. Most personal applicants have it sworn by a Commissioner for Oaths, which is cheaper than a solicitor (typically 10 to 20 euro for the service) and available in most Irish town centres. The wording is fixed by the Probate Office, and deviating from it risks rejection at lodgement. The oath is accompanied by a probate affidavit containing more detailed factual statements. Where more than one executor is named, each must sign their own oath, though they can share a single appointment to swear jointly. If any named executor has renounced or is unable to act, the oath recites the reasons and confirms that the remaining executor has the power to proceed. The executor's full legal name, occupation, and address appear on the oath and are later printed on the Grant itself, so accuracy matters from the outset.
Worked example
Padraig is named sole executor of his mother's will. He makes an appointment with the Probate Office in Dublin, downloads the standard oath wording, completes it with his details, and brings it to a Commissioner for Oaths in Ennis who charges 15 euro to witness his signature and apply their seal. When Padraig attends the probate appointment a fortnight later, he hands in the sworn oath together with the original will, the SA2 acknowledgement, and the signed affidavit. The Probate Officer checks each document against the checklist, keeps them as part of the file, and a Grant issues 9 weeks later.
The statutory position
The oath's statutory basis is Section 26 of the Succession Act 1965 and the Rules of the Superior Courts (Order 79). The Commissioner for Oaths Act 1889 governs the administration of oaths. Perjury in relation to a sworn oath is an offence under Section 1 of the Criminal Justice (Perjury and Related Offences) Act 2021, with potential penalties of up to 10 years imprisonment.
Related terms in this glossary
Related reading
How ProbatePack handles Oath for Executor
Everything you need to complete a personal probate application yourself. Pre-filled SA2 form, 25 personalised notification letters, probate affidavit, asset tracker, appointment briefing, post-Grant administration guide, estate accounts template, and 6 months of milestone email reminders.