Who administers the estate when there is no Will?
One of the most important things to know when someone dies without leaving a Will is that someone will still need to be appointed to administer the estate of the deceased. Nothing can be legally sold or transferred before the application for the Grant of Representation has been issued by the Courts.
An application to the Courts is required in order to obtain the Grant of Representation, which then allows the estate to be administered by the person(s) or organisation that is named in the document.
In an Intestate situation, the person(s) appointed to administer the estate is known as the Administrator(s). Their appointment follows the strict Rules of Intestacy, in the following order of priority:
- Surviving spouse or registered civil partner (but not common law spouses, partners or cohabitants)
If you are unsure or have any doubts about who can administer your estate, we are able to assist you to determine what needs to be done next.