Estate Succession
How do the personal representatives of a deceased person access the estate properties of their loved ones who have died?
The method or approach to the realisation of the estate of a deceased person — be it personal estate or realty — depends on whether the deceased died testate or intestate.
Where a person dies leaving a will that comprises all the properties they had at the time of death, it is said that they died testate; whereas where a person dies without a will, it is said that they died intestate. A person who wrote a will is called a testator; if female, she is called a testatrix.
The major differences between writing a will and not writing a will are as follows:
- Where a person dies leaving a will, they will have given instructions to executors appointed by them to take over the management of the estate. They could also appoint trustees or guardians if they have young children they wish to cater for in the will. The will must be valid and must have been written according to law.
- It is possible for executors to start work immediately after the death of the testator or testatrix.
- Where a person dies without a will (intestate), the estate is managed according to a combination of laws — customary law and the Administration of Estate Law — depending on the state of the federation the person comes from.
The Administration of Estate Law provides for the hierarchy of those who ought to be entitled to apply for the Letters of Administration of the deceased intestate.