Died Abroad, No Will, Assets in Ireland

The foreign intestacy is the layered version of the cross-border file: two countries’ rules, split by asset type, and a mandatory-solicitor application to carry them.

The hardest version of the cross-border estate is the quietest: no will anywhere — the deceased domiciled abroad, the Irish assets sitting behind an intestacy that must be administered under two legal systems at once. It is more layered than the testate file, fully mechanical once mapped, and mapped here.

Two Maps, One Estate

The governing split is the cross-border rule in its purest form: Irish immovables pass under Irish intestacy rules whatever the domicile; movables pass under the domicile’s intestacy rules. Since intestacy regimes differ genuinely — spousal shares, children’s portions, siblings’ and parents’ positions, cohabitants’ treatment — the Irish house and the Irish bank account in the same estate can distribute by different maps. Everything therefore starts with domicile: a legal conclusion built from a life’s facts, not a line on a death certificate, and worth establishing carefully because both maps hang from it.

The Grant: Entitlement Looks Outward First

The Irish grant of administration goes, ordinarily, to whoever the home jurisdiction entrusted — proved by a sealed copy of the foreign appointment — or, where nothing issued abroad, to those entitled under the domicile’s law (movables) and Irish law (the land), evidenced where needed by an affidavit of foreign law. Two structural facts frame the application: this configuration is one of the Probate Office’s named required-solicitor categories, and the wider non-resident machinery — the solicitor-as-agent rule, PPS numbers for the foreign parties — applies on top, all attacked in parallel from day one as the international practice standard.

Before Intestacy Is Assumed — and When Families Split

Intestacy is a conclusion, not a starting assumption: the documented will search comes first (registries, lawyers, banks, papers, on both sides of the water), because the will surfacing after distribution is this story’s expensive ending — and the rumoured-but-missing will has its own machinery of presumptions and proof. And where the family splits over who administers, or watches the Irish relative with suspicion from abroad, the answer is structure rather than hope: entitlement machinery, negotiated neutral administrators, and duties enforceable across any distance — the practice’s two halves working the same file, as ever.

Frequently Asked Questions

Both, split by asset type: Irish land and buildings pass under Irish intestacy rules regardless of where the deceased was domiciled, while movables — accounts, shares, policies — generally pass under the intestacy law of the domicile. The split matters because intestacy regimes genuinely differ (shares between spouses and children, the position of parents and siblings, cohabitants’ treatment), so the same estate can distribute its Irish house by one country’s map and its Irish bank account by another’s. Establishing domicile — a legal conclusion, not just an address — is therefore the file’s first real task.

An Intestacy Across Borders?

Send the death certificate, the family picture and whatever is known about the Irish assets - the reply maps domicile, both distributions, entitlement to the grant and the route, before any commitment.

Call 01 5827148

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About the Author

Richard O’Shea, Solicitor, TEP practises with Mary Molloy Solicitors (established 1981) in probate, will disputes and estate litigation throughout Ireland. Richard is a qualified Trust and Estate Practitioner (STEP) — the international specialist credential for wills, trusts and estates — and holds a Diploma in Mediation from the Law Society of Ireland, a pairing built for exactly this work: specialist estates expertise, and the means to keep families out of war where that is still possible. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.

This article is for general information only and does not constitute legal advice. Every estate and family situation is different, and time limits in this area are strictly applied - obtain advice on your own circumstances before acting or deciding not to act. We do not advise on tax; taxation questions should be directed to your accountant and Revenue’s published guidance. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.