Written answers

Tuesday, 29 June 2021

Department of Justice and Equality

Probate Applications

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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424. To ask the Tánaiste and Minister for Justice and Equality the number of cases as of 23 June 2021 that are active and or open with the Probate Office; and the average time it takes to close a case. [34783/21]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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425. To ask the Tánaiste and Minister for Justice and Equality the number of full-time and part-time staff attached to the Probate Office. [34784/21]

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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431. To ask the Tánaiste and Minister for Justice and Equality the current average and longest waiting time in each probate office for applications by solicitors and personal applicants, respectively; the number of applications on hand in each office; if the e-probate system is fully live in each office; the effect that the e-probate system has had on average waiting times to date; and if she will make a statement on the matter. [34952/21]

Photo of Hildegarde NaughtonHildegarde Naughton (Galway West, Fine Gael)
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I propose to take Questions Nos. 424, 425 and 431 together.

As the Deputy will 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. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided me with the following update on the Probate Office and the statistics requested by the Deputy in the table.

Average waiting times below are subject to there being no queries raised on the papers submitted.

Office Average waiting/case closure time for solicitor applicants (weeks) Average waiting time for personal applicants (weeks) Active/open cases as of 23/6/21 (days) Full-time and part-time staff
Cavan 4 4 55 1
Cork 12 12 406 2
Donegal 12 24 18 1
Dublin 6 5 months 3089 21
Galway 6 12 50 1.63
Kerry 4 4 173 2 part-time
Kilkenny 4-8 4-8 117 2
Limerick 6 4 150 1.6
Louth 6 8 128 2 part-time
Mayo 12 24 94 2
Sligo 6 28 17 1 part-time
Tipperary 4-6 3-5 130 2
Waterford 5 3 45 1.3
Westmeath 6-8 8-10 46 2 part-time
Wexford 12 12 58 0.75

County Registrars are responsible for the management of probate in District Probate Registries outside of Dublin and are independent in carrying out their functions. The Courts Service works closely with County Registrars to support their timely processing of applications.

There have been variations in the level of service that could be provided as a result of Covid-19 restrictions, however I am assured that District Probate Registries continued to work at all times during the pandemic. The scheduling of personal application interviews must be conducted in line with public health guidelines. As a result, the Courts Service advises that personal applications did have to be curtailed during Level 5 restrictions to ensure the safety of both the applicant and staff.

The Courts Service has confirmed that interviews for personal applications resumed in May and additional staff resources have been allocated in some locations to facilitate these interviews.

Again, District Registries normally are small offices and I understand from the Courts Service that staff turnover can lead to temporary spikes in waiting times while vacancies are filled. However, the staff of the Probate Office are committed to clearing any backlogs while the Courts Service is committed to continuing to resource this work to minimise waiting times as far as possible.

The Courts Service also advises that the manual Revenue affidavit was removed from the probate process and replaced with an online system, which went live last September. I can also confirm that the e-probate project remains on the Courts Service's list of modernisation projects. I am advised that the timetable for its implementation has yet to be determined and that it will continue to be considered in the context of other priority projects in the areas of civil, criminal and family law.

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