Updated: April 17, 2025
Published: January 11, 2024
Whether you are an individual or a probate solicitor and you are selling the property of a deceased person, how do you find out if someone has left a will, what public records (probate) can be checked, and how might probate records impact the selling of a property?
Why search to see if someone has a will?
When someone passes away in the State, a legal process called probate begins. This process gives someone the authority to manage the deceased person’s estate (i.e. their remaining goods and property) on their behalf.
The Probate Office handles this process by issuing Grants of Representation, which legally allow someone to deal with the estate.
After probate is granted, the names of deceased persons are added to a public register. These public probate records can then be searched to check if probate has been issued.
Why does probate matter when a deceased person’s property is being sold?
When someone dies owning a property, the authority to manage transactions and transfers of ownership is given to the deceased person’s personal representative.
If the deceased person had a valid will, a Grant of Probate is issued, and an executor (personal representative) is appointed. If there is no valid will, the laws of succession apply, and an administrator is appointed through a Letter of Administration.
These documents give the legal representative the authority to apply to the Land Registry to record transfers of ownership, rights, or interests on the property title. As such, registered title changes are relatively simple, requiring the production of either probate documents or letters of administration.
However, for an unregistered title, these matters are more complicated. In short, should someone die before transferring title, then gaps in the ‘Chain of Title’, i.e. ownership, need to be bridged by (a) identifying the deceased’s Legal Personal Representatives (LPRs) who can transfer property on behalf of their estate and (b) follow-on searches in the Registry of Deeds to prove current ownership. The latter is part of an obligatory first registration requirement.
How to find out if someone had a will
There are two probate registers: a digital one (1992–present) held by the Probate Office, and a paper index (pre-1991) at the National Archives. Both can be searched by name and year of death. For more popular names, a full date or place of death helps speed up the search.
For older records, we usually check a ten-year window after death, though in some cases we may need to search much beyond that period.
What details are recorded on a probate register search result?
Search results typically include details such as surname, first name, address, grantee(s), record number, date of issue, date of death, type of grant (e.g. Probate, Intestate, Will Annexed, De Bonis Non), and other references.
Ideally, finding named executors or administrators helps with the follow-up searches necessary in the Registry of Deeds.
Use an established Law Search provider to find a will
As such, considering the considerable shortcomings which arise from the absence of a search or, worse still, an incomplete or incorrect probate search, it is important for those selling a property to depend on a sound legal search provider like Ellis & Ellis.
Through our combination of an accessible and instant ordering platform, our unmatched professional expertise, and an outstanding post-sales support, we deliver a foremost search service to our clients.
For enhanced peace of mind, Ellis & Ellis provides Professional Indemnity Cover of €10 million.
Why not join the thousands of users who trust Ellis & Ellis to deliver a competitive edge?
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