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Probation and Welfare Service

Dáil Éireann Debate, Tuesday - 10 October 2017

Tuesday, 10 October 2017

Ceisteanna (205)

Kevin O'Keeffe

Ceist:

205. Deputy Kevin O'Keeffe asked the Minister for Justice and Equality the position regarding the modernisation of the probate system, having previously stated that a report with recommendations for the modernisation of same was due by mid-2017, to be presented to the senior management team of the Courts Service and to the Courts Service Board for their consideration; if his attention has been drawn to the fact that delays within the current probate system are causing undue hardship on many persons; and if he will make a statement on the matter. [42575/17]

Amharc ar fhreagra

Freagraí scríofa

The Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that backlogs in the probate system are a cause for concern and that if an issue of hardship is brought to the attention of the Probate Office or a District Probate Registry, a Grant of Representation is expedited.

The main reason for requests to expedite the issue of a grant in a deceased person's estate is to facilitate the sale of property, and where requests for such expedites arise, the grant issues promptly. In the Probate Office in Dublin, it usually issues within a two- to three-week timeframe in solicitors' applications, while personal applicants are seen by appointment as soon as possible and the grant issues within three to four days of their appointment with the Probate Office.

The Courts Service has advised that the review of the probate system is ongoing, and that it is anticipated that a report will be completed before the end of 2017 for presentation to the senior management team of the Courts Service and to the Courts Service Board.

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