Dáil Éireann Debate, Wednesday - 29 November 2017
192. Deputy Noel Grealish asked the Minister for Justice and Equality if the ongoing backlog in the Probate Office is a factor in the number of vacant homes; the data in regard to the number of homes affected by the backlog; when the backlog will be completed; and if he will make a statement on the matter. [50814/17]
Amharc ar fhreagraThe 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 a Grant of Representation in a deceased person's estate may be required for a variety of reasons, including the transfer of title to property, and statistics as to why a Grant must issue are not maintained in the Probate Office/Registries.
The Courts Service has advised that its statistics are not compiled in such a way as to provide the number of probate applications which relate to residential homes. This information could only be obtained by the examination of each individual application, which would require the expenditure of a disproportionate amount of staff time which would not be warranted. Therefore, it is not possible to provide the number of homes affected as sought by the Deputy.
The Courts Service has further advised that when the Probate Office/Registries are notified that there is a sale of property pending in an estate, this Grant is always expedited. In the Probate Office in Dublin it usually issues within a 2 to 3 week timeframe in Solicitors' applications, while Personal Applicants are seen by appointment as soon as possible and the Grant issues within 3 to 4 days of their appointment with the Probate Office.
The Courts Service has also informed me that it is aware of the lengthy waiting times for probate applications and particularly personal applications to the Probate Office in Dublin and is working to improve the situation. Additional resources have been provided to the Probate Office and to address the current delays further additional resources are being made available.
The Courts Service is currently finalising a full review of the probate system and it is anticipated that a report with recommendations for the modernisation of the process will be completed by the end of 2017 for presentation to the senior management team of the Courts Service and to the Courts Service Board.
