If a will was not left behind

If the estate value is less than $50,000

Family members have 2 options to distribute the estate according to the Intestate Succession Act 1967.

Option 1: Public Trustee's Office (PTO) distributes the estate

• Family members can apply to the PTO for the Public Trustee to administer the deceased's estate for a fee.

• The PTO will distribute the deceased's estate according to the Intestate Succession Act 1967.

Option 2: Family members distribute the estate

• Family members must first apply for a Grant of Letters of Administration to become an administrator of the estate.

• After applying, administrators can distribute the deceased's estate according to the Intestate Succession Act 1967.

If the person who died was a Muslim, the PTO will distribute the estate according to Muslim inheritance laws (Faraid).

If the estate value is more than $50,000

Family members must apply for a Grant of Letters of Administration to become an administrator of the estate. Then, the estate will be distributed according to the Intestate Succession Act 1967.

Under the Intestate Succession Act 1967, those entitled to a share of the deceased's estate are called beneficiaries. Any beneficiary or beneficiaries entitled to a share of the deceased’s estate according to the Intestate Succession Act can apply to be an administrator. The court will decide who will be the administrator of the deceased’s estate.

How the court decides who will become the administrator

Beneficiaries can apply for the Grant of Letters of Administration to be the administrator. However, a beneficiary’s priority to become an administrator is usually determined by the size of their entitlement to the deceased’s estate . Those with a larger entitlement will have a higher priority.

The court will grant the Grant of Letters of Administration to the applicant it considers to be the best person to manage the estate.

If beneficiaries with a lower priority want to apply

They can either:

• apply together with persons who have prior right.

• apply after getting a renunciation from beneficiaries with higher priority. Renunciation means the person with the higher priority formally gives up their right to apply.

When more administrators are needed

The court will require at least 2 administrators to be appointed in certain circumstances. These include if there are beneficiaries below 21, or if they lack mental capacity.

There can be a maximum of 4 administrators for the same estate.

To avoid disputes, it’s encouraged to seek a lawyer to help with the application.

If you do not wish to be an administrator

If you are eligible to apply for the Grant of Letters of Administration but do not wish to be an administrator for the deceased's estate, you may renounce your right to apply.

You may do so through either method:

• A verbal declaration at the hearing for the Grant of Letters of Administration made by you or your lawyer.

• A signed declaration on paper, called a renunciation , before your lawyer or a commissioner of oaths.

The administrator must carry out the following duties:

• Make an accurate list of all the deceased's assets, including the value of the assets as at the date of death.

• Pay off the deceased's outstanding taxes, loans, and debts—also known as their liabilities.

• Distribute the assets to the beneficiaries according to the Intestate Succession Act 1967.

The administrator has to account for the distribution of the deceased's estate and may be held liable for not fulfilling their duties according to the law.

The Grant of Letters of Administration, or Letters of Administration, gives the legal authority to the administrator to distribute the deceased’s estate.