Helen McEntee (Meath East, Fine Gael)
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The sale of properties can involve a series of steps usually starting with a decision to sell, the appointment of an estate agent or auctioneer, a non-binding agreement to purchase (generally known as going “sale agreed”). This is typically followed by the investigation of title where the seller’s solicitor provides detailed evidence of title to buyer’s solicitor, who checks it and raises detailed queries for reply by seller’s solicitors.

Since the introduction of the PCIT (Pre-contract investigation of title) process in recent years, checks on title are concentrated in this stage: formerly, they were mainly post-contract. There are, however, further post-contract checks. Requiring the granting of probate in relevant cases prior to advertising a sale would add a fixed constraint to this process that would prevent movement on other aspects of the process. As the granting of probate can be straightforward in most cases, it is difficult to see how this constraint would be of overall benefit to the process of transferring properties. Preventing the advertising for sale of properties prior to the granting of probate could in itself add undue delay to the process of selling properties by executors.

In terms of the granting of probate in the conveyancing process, I am advised by the Courts Service that, as part of the organisation's Modernisation Programme, funding has been allocated to the Courts Service to develop an online probate system called eProbate.

The project will deliver a facility to submit and track applications for Grants of Representation online via a public facing portal. This new digital solution is currently in the early stages of development and will continue to be developed throughout 2024 with an expected public launch and rollout in the first half of 2025.

The public facing portal will act as a single point of contact for users to submit and track their applications through the entire process.

The electronic submission of applications through the online portal, combined with automated validation of key information at submission time, will enable faster and more efficient processing of applications, with the aim of reducing waiting times.

I can also advise the Deputy that the Taoiseach recently established a Working Group on Conveyancing and Probate to carry out a review of current conveyancing and probate processes and identify scope for greater efficiency and streamlining. The group comprises various experts including a solicitor, an auctioneer, consumer advocates as well as officials from the Department of the Taoiseach, the Department of Housing, Local Government and Heritage, and my Department.

I understand that among the issues being considered by the group is how the provision of information by the vendor on issues such as pending probate processes can provide greater clarity for a purchaser in advance of going sale agreed.

It is envisaged that this Group will report with its recommendations by the Summer, and I along with ministerial colleagues, look forward to that report.