If someone dies without a valid Will, they have died intestate.
It can be a lot to take in, especially when you are grieving. If you find you are the person who needs to obtain letters of administration, the best approach is to slow down and work through a few clear steps.
Step 1. Get the death certificate
The funeral director will usually help register the death. You will generally need the death certificate before banks, super funds and other organisations will speak with you or release information.
Step 2. Check again for a Will
Even if everyone believes there is no Will, it is worth checking carefully. Look through paperwork at home and contact anyone who may be holding a Will, such as the person’s solicitor, accountant or bank.
Step 3. Arrange the funeral
Usually the next of kin will do this, but sometimes a close friend helps. Before paying costs yourself, check whether there is a prepaid funeral plan, a funeral bond or insurance that may help.
Step 4. Secure what you can and make a simple list
Make a basic list of what the person owned and what they owed and make sure any property is secure.
Step 5. Work out who can deal with the estate
When there is no Will, there is no executor. In many cases, someone will need to apply to the Supreme Court of NSW for letters of administration so they have legal authority to collect the assets and deal with the estate.
This process can be more complicated than people expect. The court documents must be prepared and filed correctly. If something is missing or unclear, the court may ask for further information.
If you are unsure who should apply, or what to do next, getting early legal advice can make the process smoother and help minimise delays.
