Hey all 👋 just wondering what happens if a someone doesn’t have a will? Is it a long process if they pass away.
Hey all 👋 just wondering what happens if a someone doesn’t have a will? Is it a long process if they pass away.
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4 Replies
Everything goes to the estate. If there is an obvious recipient and no-one contests, it's not too bad, just lengthier. But there is the potential for things not to be simple. Kids are a bit trickier, but kids are always tricky, so honestly assets are the problem
https://www.legalaid.vic.gov.au/find-legal-answers/wills-and-estates/if-...
Yes very long process!! Months or years.
It can be long.
My mum didn't have a will.
Luckily me and my 3 siblings were all in agreeance on everything and it was decided that I would be granted Letters of administration which gave me the same rights as will executor.
We need to show evidence of searching for a will and needed to provided signed statements from siblings before putting a request to the court for the letters of administration.
For us it was not overly lengthy with my mum passing in the December and finalising her house sale and other things by July the following year.
The legal side of things only took a couple of months but could have taken longer if we had not been in agreeance.