Who this is for

No will. The intestacy route.

The person who died left no valid will. You need Letters of Administration rather than a Grant of Probate, and the estate is distributed under Part VI of the Succession Act 1965. Most of the application is the same; the differences are specific and manageable.

The situation

What intestacy actually means.

Roughly one in every three Irish estates is intestate. The Succession Act 1965 sets out exactly who inherits what, in what order. The rules are rigid and leave no room for family negotiation about shares. if the Act says the surviving spouse gets two-thirds, that is the share, regardless of what the family thinks "would be fair".

The nearest entitled relative applies for a Grant of Letters of Administration rather than a Grant of Probate. They become the "administrator" rather than an "executor". The rest of the process is largely identical: notify institutions, file SA2 on Revenue, lodge at the Probate Office, receive the Grant, collect assets, distribute.

The distribution rules

Section 67 Succession Act 1965, in plain English.

Spouse + children

Spouse gets two-thirds. Children share the remaining one-third equally, with a pre-deceased child's share going to their own children per stirpes.

Spouse, no children

Spouse takes the whole estate.

Children, no spouse

Children share equally, with pre-deceased children's shares going to their issue per stirpes.

No spouse or children

Parents take equally. If none, siblings equally (with pre-deceased sibling's children taking by representation). If none, next-of-kin by blood proximity.

Important caveats

Three things people get wrong about intestacy.

Cohabiting partners have no automatic inheritance rights. Regardless of how long the relationship lasted, an unmarried partner inherits nothing under the 1965 Act. They can apply to the court under the 2010 Cohabitants Act, but the application is discretionary and not guaranteed. If this matters to you or someone in your family, make a will now.

The administrator may need a bond. Where the applicant is not the closest next-of-kin, the Probate Office typically requires an administrator's bond and sureties. This adds cost and time. Most Preparation Pack cases are the closest next-of-kin applying, so the bond does not apply.

Civil partners rank as spouses. A surviving civil partner has identical rights to a spouse under Section 67A. The same two-thirds rule applies where there are issue.

Which pack fits

The Preparation Pack covers intestacy applications end-to-end.

For most intestate estates, the Preparation Pack (€229) is the right starting point. It includes the PA6 Letters of Administration application, the administrator's oath (not the executor's oath), and the intestacy shares calculation personalised to your family. If CAT is in play, upgrade to the Complete Bundle.

Complete Bundle

€449

Adds the full tax layer: CAT calculator per beneficiary, IT38 drafts, DHE check, Section 72 review.

If CAT applies

Intestacy is the most common Irish probate case.

One in every three estates. The Preparation Pack is built for this exact situation.