If the deceased dies in debt
If the deceased dies insolvent or there isn't enough money to meet the bequests made, payments from the estate are prioritised in the following order:
* funeral, testamentary and administration expenses
* creditors who have security against the property of the deceased in the form of a mortgage, charge or lien (these are different ways of securing loans)
* rates and taxes due at the testator's death, wages and salary for work done for the deceased within four months of death and sums payable by the estate in respect of contributions payable by the deceased in the twelve months prior to death under social welfare legislation (his/her own PRSI contributions as well as PRSI contributions for employees)
* all other creditors.
Where the deceased dies in debt, creditors can only bring a claim against the estate of the deceased. Even if there isn't enough money in the estate to meet all the debts, the relatives of the deceased are not personally responsible or liable for the deceased's debts (unless, of course they had guaranteed them).
How to apply
Download the personal application probate form here (pdf). This form is for use by personal applicants only. It is not for use by those applying through a solicitor.
Complete the form by either filling it in on screen and then printing off, or printing off the form and completing it manually.
This application form is also available from your District Probate Registry. Staff in the Registry will be happy to provide any assistance. The application should be returned to the Registry in the area where the deceased lived at the date of death.