Denis Naughten
Question:50. Deputy Denis Naughten asked the Minister for Justice the steps that are being taken to address delays in processing probate applications; and if he will make a statement on the matter. [16891/23]
View answerTuesday, 18 April 2023
Questions (50)
Written answers
As the Deputy may be aware, the Probate Office is an office of the High Court. Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in its functions. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices, and these office holders are also independent in carrying out their functions.
I can, however, assure the Deputy that every effort is made by the Courts Service to ensure that probate services are adequately supported with staff, training and other resources and that the public are assisted in dealing with what can be a complex and sensitive matter.
The law in this field is also kept under ongoing review and I am pleased to say that last November, the Government approved a number of key amendments to the Courts and Civil Law (Miscellaneous Provisions) Bill which were introduced at Dáil Committee Stage. These included an amendment to Section 36 of the Succession Act 1965, to streamline the probate process by allowing a district probate registrar to certify that no other applications have been made in respect of the estate of a deceased person. This task is currently carried out by Courts Service personnel in the Dublin Probate Office, and this amendment will allow district offices to process and issue the standard grants more efficiently, allowing shorter probate processing times. The Bill will complete the legislative process this summer.
I would also draw the attention of the Deputy to the work underway on the part of the Courts Service to implement a 10-year programme of modernisation of the Courts system. An eProbate project has been identified as part of the civil law modernisation workstream of this programme and an initial budget has recently been allocated to the Courts Service to facilitate the commencement of the project in the second quarter of 2023.
It is envisaged that this project, which it is hoped will be delivered next year, will include a single point of contact for all applications for Probate in the State. The introduction of this improved system is intended to lead to a faster and more efficient process time.
The Deputy may be aware that one of the main reasons for delays is the number of invalid applications received in the Probate Office. It is intended that as part of the development of the new system, the application process will be simplified for users and there will be reduced opportunities for errors, thereby speeding up the process. In addition, by reducing the number of invalid applications, the development of the new system will allow staff resources to be better utilised in processing other applications for the benefit of the public.
Question No. 51 answered orally.