The immediate position
Without a will, no executor has been appointed. Someone entitled to apply must obtain a grant of letters of administration before the estate can properly be collected, managed and distributed.
Practical consequences for the family
- Accounts and assets may be inaccessible until a grant is obtained.
- Distribution follows legal rules rather than the deceased's intentions.
- Disagreement about who should administer the estate is common.
- Business interests may be left without clear control.
What the family should do
- Secure the deceased's documents and identify the assets and liabilities.
- Identify those entitled to apply for a grant.
- Obtain legal advice on the appropriate application.
- Avoid distributing or dealing with assets before the grant is obtained.