In some occasions, a person may pass away without having created a Will. Alternatively, if a person did create a Will, a times this Will may be deemed as invalid and therefore cannot be carried out. When these situations arise, the person is said to have passed away ‘intestate’.
If there is no Will, or no valid Will, then an Executor has not been appointed to distribute the deceased person’s estate. Nevertheless, a person’s estate needs to be sorted no matter the situation, and if there is no valid executor, then the Court needs to approve the most appropriate person. This Court order is called a ‘Grant of Letters of Administration’.
The approved administrator will then be able to divide up the deceased person’s estate.
Written consent must also be obtained from anyone who is entitled to a portion of the deceased person’s estate.
Once all information has been gathered and all forms have been filled, the application may be filed to the Court.
A legal practitioner can help you with the application with the Court, especially as this is often a very emotional time. Your legal practitioner will understand the relevant rules and processes involved, which will lessen the stress on you at such a difficult time.