Affidavit of Attesting Witness (Probate)

What this form is for

• • You need this when someone must formally swear they witnessed a will.
• • Use it if you are attesting to other documents required during the probate process.
• • This is specifically for witnessing acts related to the estate administration, not just signing general contracts.
• • It serves as the formal sworn statement needed by the Courts Service.

Use this form or another form?

Deadline or filing window

There is no universal deadline listed here; submission must occur as directed by the executor or court filing schedule. Delays can stall the entire grant process.

Before you submit

• • Ensure all required sections have been filled out completely (no blanks).
• • Verify that the witness details match official identification documents.
• • Confirm the deponent (the person swearing) has correctly identified themselves and the deceased/will.
• • Make sure the affidavit is properly signed in ink by the attesting witness(es).
• • It must be sworn or affirmed before an authorized person (e.g., a solicitor or Commissioner for Oaths).

How to file this form

1. 1Complete all required fields on the Affidavit form.
2. 2Have the deponent sign the document in front of the authorized witness.
3. 3The authorized witness must then complete their section, including date and signature.
4. 4Have the document formally sworn or affirmed according to the witnessing requirements.
5. 5Submit the original signed copy to the relevant Courts Service office.

Known limitations

• • This form does not guarantee probate approval; it only provides the necessary sworn evidence.
• • Not confirmed in official source: The specific required jurisdiction (e.g., Dublin Circuit vs. Cork District) might require a slightly tailored version.
• • The signature must be that of an *attesting* witness, not just any signatory.