If there is no will, the estate is dealt with under the rules of intestacy. That means the person with the right to apply is usually the closest entitled relative, and the estate is distributed according to a legal…
If there is no will, the estate is dealt with under the rules of intestacy. That means the person with the right to apply is usually the closest entitled relative, and the estate is distributed according to a legal order rather than personal wishes.
For property sales, the practical implication is that the process can become more procedural. The person acting is called an administrator rather than an executor, but many of the day-to-day responsibilities are similar. The key difference is that there is no will to guide the administration, which can make family expectations more complicated.
Where there is no will, clarity becomes even more important. Establish who is entitled to apply, who will inherit, and who must be consulted before major decisions are made.
Related reading
- How to sell a probate property: a clear step-by-step guide for executors and familiesHow to sell a probate property: a clear step-by-step guide for executors and families/probate-guides/how-to-sell-a-probate-property/
- Probate disputes, multiple beneficiaries and family disagreement: how property decisions stay fairProbate disputes, multiple beneficiaries and family disagreement: how property decisions stay fair/probate-guides/probate-disputes-and-family-disagreement/
- Selling a probate property from a distance: how remote executors stay in controlSelling a probate property from a distance: how remote executors stay in control/probate-guides/selling-a-probate-property-from-a-distance/
- When is it safe to distribute sale proceeds — and what should executors do first?When is it safe to distribute sale proceeds — and what should executors do first?/probate-guides/when-is-it-safe-to-distribute-sale-proceeds/
- What does an executor actually have to do?What does an executor actually have to do?/knowledge-hub/what-does-an-executor-do/
- What happens if there are multiple executors or beneficiaries?What happens if there are multiple executors or beneficiaries?/knowledge-hub/multiple-executors-or-beneficiaries-in-probate/
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