Joint assets and probate in Ireland

Joint ownership sounds simple. Two names on the account, two names on the deeds, everything passes to the survivor. In Irish law it is more nuanced than that, and the nuance often costs families weeks of unnecessary work or tens of thousands in unnecessary tax.

This page covers what passes outside the estate automatically, what goes into the estate and requires probate, and the specific distinctions (joint tenancy vs tenancy in common) that determine which happens.

What passes outside the estate

Assets that pass outside the estate on death do not need probate. The survivor takes ownership on production of the death certificate. These assets are still relevant for inheritance tax purposes in some cases, but they do not add to the work of getting a Grant.

The main categories:

Joint bank accounts with right of survivorship. Most joint current and savings accounts held by Irish banks default to right of survivorship. On death, the surviving account holder becomes sole owner. The bank typically requires the death certificate and removes the deceased's name from the account within two weeks.

Jointly-owned property held as joint tenants. Property held by two or more people as joint tenants passes to the survivor automatically. The Property Registration Authority updates the folio on application with the death certificate. No probate required for the property itself.

Life insurance policies with named beneficiaries. Policies where the policyholder has nominated a specific beneficiary pay directly to that beneficiary on proof of death. The proceeds never enter the estate.

Occupational pension death-in-service benefits with trustees' nominations. Where the pension scheme allows the member to nominate beneficiaries and the trustees accept the nomination, the benefits pay outside the estate.

Approved Retirement Fund (ARF) benefits with named beneficiaries. Depending on the policy terms and the beneficiary, ARF proceeds may pass outside the estate or through it. Check each ARF policy.

Specific assets gifted by deed before death. Assets transferred during the person's lifetime by deed of gift no longer belong to the person and are not in the estate. Whether they are subject to Capital Acquisitions Tax in the recipient's hands is a separate question.

What goes into the estate

Everything else. Specifically:

• Bank accounts and investments held in the sole name of the person who died
• Property held in the sole name of the person who died
• Property held as tenants in common
• Joint bank accounts structured as joint tenancy in common (rare but exists)
• Life insurance policies payable to the estate rather than a named beneficiary
• Occupational pension benefits paid to the estate rather than a nominated beneficiary
• Personal possessions of any significant value
• Shares held in certificated form in the sole name of the deceased
• Any business interest in the sole name of the deceased

Any one of these items, above €25,000 in value and in the sole name of the deceased, forces probate on its own. An estate with a €400,000 sole-name house and everything else joint still requires a Grant.

Joint tenancy vs tenancy in common

This is the single most important distinction and the one most commonly misunderstood. In Irish property law, two or more people can hold a property jointly in one of two ways.

Joint tenancy means the joint owners hold the property as a single unit. Each owns 100% of the whole. On the death of one, the survivor takes the entirety automatically, under the right of survivorship. The deceased's share does not form part of their estate.

Tenancy in common means each owner holds a defined share. Each owns their share independently and can leave it by will or allow it to pass under intestacy. On the death of one, their share is part of their estate and typically requires probate.

The same property can be held either way depending on how the title was structured. Two newlyweds buying a home together almost always hold as joint tenants. Two siblings buying a rental property together might hold either way. Two business partners co-owning commercial premises often hold as tenants in common because they want to leave their share to their own families, not to the partner's family.

The folio at the Property Registration Authority shows which arrangement applies. If in doubt, request a copy of the folio and look for the relevant wording.

For couples buying a family home as their first property, the default is almost always joint tenancy. For blended families, second marriages, partnerships formed later in life, or any arrangement where children from a previous relationship are expected to inherit the share, tenants in common is common and may well be the right structure.

The joint bank account nuance

Joint bank accounts in Ireland default to right of survivorship. The survivor becomes sole owner on death and the balance is not part of the estate for probate purposes.

However, for Capital Acquisitions Tax purposes, Revenue takes a different view in some cases. If the account was genuinely joint (both parties had equal access and equal contributions over time), the survivor takes the account without a CAT charge. If the account was joint in name only (only one party ever funded it and withdrew from it, the other name was added for administrative convenience), Revenue may treat the full balance as a gift to the survivor at date of death and apply CAT to the amount above the relevant group threshold.

For a surviving spouse this does not matter because the spouse exemption is unlimited. For other joint holders (children, siblings, partners), it can matter. If a parent held a €200,000 joint account with an adult child and only ever funded the account themselves, Revenue may treat the €200,000 as a gift to the child on death, adding to the child's Group A aggregation.

The practical test: can the joint holder show that they had meaningful ownership and use of the account during the deceased's lifetime? If yes, it is a genuine joint account. If not, Revenue may challenge.

Pension nominations

Pensions are the category most likely to confuse personal applicants. The treatment varies by pension type.

Occupational pensions (defined benefit and defined contribution). Most Irish occupational schemes allow members to nominate beneficiaries for death-in-service benefits. The trustees have discretion but typically follow the nomination. Benefits paid under this discretionary power pass outside the estate. Spouse pensions (typically 50% of the member's pension) pay automatically to a surviving spouse and do not go through the estate.

Personal pensions (PRSAs, retirement annuities). Terms vary by contract. Some default to the estate, some allow nomination. Check each policy individually.

Approved Retirement Funds (ARFs). On death, an ARF can pass to a surviving spouse tax-free, to children under specific tax rules (0% if under 21; standard income tax on the full value if 21 or over), or to the estate. The destination depends on the policy terms and any nomination in place.

State Pension. Ends on death. No estate dimension. A separate Widow's, Widower's, or Surviving Civil Partner's Pension may be claimable by the survivor on their own application.

Check every pension contract the person who died held. Ask each provider in writing whether the benefit passes inside or outside the estate. The answer determines whether the benefit appears on the SA2 and whether CAT potentially applies.

The practical first step

Before you start a probate application, audit every asset and determine whether it falls inside or outside the estate. This is the single most valuable hour of work in the pre-lodgement phase.

A straightforward checklist:

1. For every bank or credit union account: sole or joint? If joint, which type?
2. For every property: sole, joint tenants, or tenants in common?
3. For every life insurance policy: named beneficiary, or payable to the estate?
4. For every pension: nominated, or payable to the estate?
5. For shareholdings and investments: sole, joint, or held in trust?

Once you have run this audit, you know what is in the estate and what is not. This determines whether probate is required at all, what the SA2 will need to show, and what the CAT position of each beneficiary is likely to be.

The Readiness Check runs this audit in questionnaire form and produces a personalised report that tells you which assets trigger probate and which do not. For estates where the joint-asset question is the main uncertainty, it is the fastest way to get a definitive answer.