My mother died quite suddenly and unexpectedly. She didn't have a will. I'm her eldest child but I have three younger siblings. I really don't know how I am meant to deal with her estate. What normally happens when there is no will?
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Answer by Rebecca Bardaxis of Restorative Law Practice, Parramatta 2150 NSW
- If there is no will then there is no executor of the estate.
- You can still obtain the power to deal with her estate by seeking letters of administration.
- Letters of administration grant an appropriate person the powers of an executor to deal with a deceased person's estate.
- If you apply for letters of administration you will be named the administrator of your mother's estate and will be responsible for paying the estate debts and distributing the assets.