Finian McGrath (Dublin North Central, Independent)
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181. To ask the Minister for Justice and Equality the position regarding probate fees in respect of a person (details supplied) in Dublin 3; and if she will make a statement on the matter. [25166/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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In order to get authority to administer a deceased person's estate it is necessary to obtain a Grant of Representation. This is a legal process which requires the production of legal documentation to the Probate Office. Following examination of the required documentation authority is given to a named person(s) to access a deceased person’s estate and deal with it according to law.

I wish to inform the Deputy that the fees charged in the courts are set by means of Statutory Instrument. Court fees orders are made by the Minister for Justice and Equality with the consent of the Minister for Public Expenditure and Reform. Court Fees are payable to the Courts Service and the fees on each estate are determined by reference to the value of the net estate of the deceased person and are as set out in the Supreme Court and High Court (Fees) Order 2014 (S.I. 24 of 2014).

I am informed that 90% of applicants seeking probate instruct a Solicitor to engage in the legal process on their behalf. The Solicitor prepares all of the paperwork required by legislation and presents it to the Probate Office for examination. The Probate Office has no function in the preparation of the documents in question as this is the remit of the Solicitor with carriage of the case. Instead, it adjudicates on the application made and if satisfied that all requirements have been met, the Grant of Representation is issued in respect of the estate.

In the remaining 10% of applications that proceed on a Personal Applicant basis, the Probate Office is actively involved in the preparation of the paperwork required in the process and in servicing queries from personal applicants by way of correspondence, emails and phone. In addition, each Personal Applicant is required to attend the Probate Office (or District Probate Registry) in person by appointment to complete the application process. Fees for this service are set taking into account the time investment and administrative service provided by the State in accordance with section 65(1A) and (1B) (inserted by section 66 of the Civil Law (Miscellaneous Provisions) Act 2011, that is to say, the fee has regard to the expenditure incurred, or likely to be incurred, in the Probate Office in providing the services and facilities to users of that office.

Where an applicant for a Grant of Representation instructs a Solicitor, they will pay the Court Fees together with the Solicitor’s fees for services in the process. Where an applicant proceeds on a personal basis, they pay the applicable Court fees to enable the State provide the service in question having regard to the additional services involved.