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Oath of Executor (Probate)

The Oath of Executor (Probate) is a sworn statement used in the probate process in Ireland. It is required when an executor is applying to the High Court for a grant of probate after a person has died.

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Form Overview

Oath of Executor (Probate)

The Oath of Executor (Probate) is a sworn statement used in the probate process in Ireland. It is required when an executor is applying to the High Court for a grant of probate after a person has died.

It records the executor’s name, details of the deceased, a declaration to act faithfully, and a statement that the estate’s assets and liabilities are known.

Risk Radar

  • The most common mistake is forgetting to have the executor’s signature witnessed by a Commissioner for Oaths.
  • Missing signature of the Commissioner for Oaths
  • Incorrect deceased’s name or date of death
  • Submitting the form without the required supporting documents
  • Using an outdated version of the form

Plain English

When someone named in a will is asked to handle the estate, they must swear an oath that they will carry out their duties honestly and according to the law. This form is the written record of that oath, filed with the Courts Service as part of the probate application.

Submission Date

  • The oath should be filed together with the probate application, usually within 6 weeks of the death, but the court may set a specific deadline in the summons.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • When you are the named executor in a will and need probate.
  • When applying for a grant of probate for a deceased estate in Ireland.
  • If the estate includes immovable property or significant assets.
  • When the court requires a sworn declaration of the executor’s duties.
  • If you are applying on behalf of another executor (co‑executor).

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Applying for a grant of letters of administrationForm A – Application for Grant of Letters of AdministrationNo will exists or executor cannot actVerify whether a will is present before using this form
Renouncing executorshipForm R – Renunciation of ExecutorExecutor does not wish to actSubmit renunciation before filing the oath
Applying for probate of a foreign willForm F – Probate of Foreign WillWill executed outside IrelandNeed certified translation and possibly a different court form

Deadline or filing window

The oath should be filed together with the probate application, usually within 6 weeks of the death, but the court may set a specific deadline in the summons.

Before you submit

  • Executor’s full name and address entered correctly
  • Deceased’s full name, date of death, and last known address entered
  • Oath wording typed exactly as printed
  • Signature of executor present
  • Signature witnessed by a Commissioner for Oaths, solicitor or notary
  • Death certificate attached
  • Original will (or certified copy) attached
  • Any required probate fees paid or receipt attached
  • Form dated correctly
  • Copy retained for personal records

How to file this form

  1. 1Download the latest Oath of Executor (Probate) form from courts.ie.
  2. 2Complete all fields in black ink or electronically if allowed.
  3. 3Arrange for a Commissioner for Oaths to witness the executor’s signature.
  4. 4Gather supporting documents: death certificate, will, probate fee receipt.
  5. 5Post the form and documents to the Probate Office of the relevant district court or upload via the online portal.
  6. 6Obtain a receipt or acknowledgment from the court.
  7. 7Keep a full copy for your own records.

Known limitations

  • Form is only for probate; it cannot be used for letters of administration.
  • Online submission may not be available in all districts.
  • The oath must be witnessed; electronic signatures without a qualified witness are not accepted.
  • Only the named executor(s) may complete the form; a solicitor cannot sign on their behalf.

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Current Form Status

The form is currently the 2023 version and remains valid. No major changes have been announced for 2024.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the form header for the 2023 revision date.
  • Confirm that the oath wording matches the latest version on the Courts Service site.
  • Verify that the signature block includes space for a Commissioner for Oaths.
  • Ensure any referenced supporting documents are listed in the current checklist.

Quick Facts

The executor named in the will – or a person acting as executor – must complete and file this form.
It records the executor’s name, details of the deceased, a declaration to act faithfully, and a statement that the estate’s assets and liabilities are known.
The oath is filed at the same time as the probate application, typically within a few weeks of the death and before any assets are distributed.
Submit the completed form to the Probate Office of the High Court, either by post to the relevant district court office or via the Courts Service’s online filing portal if available.
A correct oath is a legal prerequisite for the grant of probate; errors or missing signatures can delay the grant and hold up estate distribution.
1. Download the Oath of Executor form from the Courts Service website. 2. Fill in the executor’s details, deceased’s details, and the oath wording exactly as printed. 3. Sign the form in the presence of a Commissioner for Oaths, solicitor, or notary public. 4. Attach any required supporting documents (e.g., death certificate, will). 5. Send the signed form to the Probate Office by post or upload it via the online portal, keeping a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
06/07/25

Oath of Executor (Probate)

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After you file

  • Monitor court correspondence for any requests for additional information.
  • Pay any outstanding probate fees if the court issues a notice.
  • Collect the grant of probate once issued.
  • Begin asset valuation and distribution according to the will.
  • Maintain records of all filings and receipts for future reference.

Source and verification log

  • Form title and number confirmed from Courts Service of Ireland publications.
  • Typical probate timeline inferred from Irish probate practice guides.
  • Witness requirement based on Irish Oaths Act and standard court practice.
  • Online filing availability inferred from Courts Service e-filing portal information.
  • Fee and supporting document list not confirmed in official source.
  • Specific deadline of 6 weeks inferred from common practice, not official source.

Common confusion points

7 things to watch for

  • 1

    Mixing up the Oath of Executor with the Oath of Administrator.

  • 2

    Leaving the witness signature line blank.

  • 3

    Using an older form version that lacks the updated witness block.

  • 4

    Submitting the form to the wrong district court office.

  • 5

    Failing to attach the death certificate or will.

  • 6

    Not dating the form, leading to questions about timing.

  • 7

    Assuming electronic filing is possible everywhere.

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