THE COURTS SERVICE received dozens of complaints last year from politicians intervening on behalf of constituents about lengthy delays in relation to the probate process.

In total, 111 representations from politicians were made to the Courts Service last year.

Around two-thirds of these queries raised by TDs and Senators related to issues during the probate process, according to figures provided under Freedom of Information laws.

Other politicians wrote about decrepit courthouses, jury duty, divorce proceedings, or seeking conviction data for crimes including child sex abuse and harassment,  but probate issues dominated.

Fianna Fáil’s James Lawless forwarded a message from a constituent that said “staff don’t answer phone calls, [and] they won’t respond to emails or letters either”.

This email added: “Overall, the situation is incredibly frustrating especially in a housing crisis.

“Can you please advise how we can get answers or put us in contact with someone who will actually help or assist us.”

Another representation sent by Housing Minister Darragh O’Brien from a constituent said settling their family estate had now taken three years.

An email said: “There is a house involved that is meanwhile unsellable and the constant delays are causing emotional distress for our family.”

One message sent on from Fianna Fáil’s Paul McAuliffe wrote of the “extraordinary delays” in trying to finalise a probate case.

The family involved had found a buyer for their family home but despite being told it would take just sixteen weeks, a “massive delay” had arisen.

They wrote: “We are not alone in this circumstance, and wonder, in a housing crisis, how many potential sales are being delayed and fall through due to this, causing further backlogs in housing purchases and tied-up housing stock.”

McAuliffe was among several TDs who submitted multiple queries about probate, and he said it was difficult for Oireachtas members to bring accountability to the Courts Service.

He said: “It seems like things changed after COVID-19 where basic routine and mundane issues that were easily resolved before just ground to a halt.

“It has a big impact on families being able to sell a property or for example the Fair Deal scheme. The number of queries has dissipated a little though in recent times.

“It is an important service and often it’s just the eldest brother or sister who gets the job, but it can be quite emotional for people.

“Some people think that if there’s a will, there is no probate process but that is not the case. Families sometimes feel there’s a trauma in doing it, which brings back the grieving process especially if there are delays.”

A spokesman for the Courts Service said an ongoing modernisation programme for probate had already led to a considerable reduction in waiting times since last year.

He said waiting times for solicitor applications were down from twenty to thirteen weeks while personal applications are taking around ten weeks.

He said: “Waiting times fluctuate from time to time depending on the time of year and the number of applications.

“The waiting times in the Probate Office had unfortunately increased in the months up to the middle of last year, due to a number of staff retirements in the Probate Office.”

The spokesman added that up to sixty per cent of applications were being returned to solicitors due to errors, which slowed up cases.

He also said people needed to be aware that trying to finalise the sale of properties when a grant of probate had not yet been made carried a risk.