What if there is no Will?
If someone has died without a valid Will (intestate), the surviving family has the right to choose who they want to administer the estate (within the provisions of the law).
Family members can choose to instruct us to carry out the administration of the estate of their loved one. However, in some cases all the beneficiaries (including people who may not be family) who are entitled to share the estate by law will need to agree or consent to our appointment as administrator.
The family may choose to carry out the administration of the estate themselves. You should refer to the Supreme Court Probate Registry for details on how to make an application to administer the estate. The process can be complex and you may need to have a solicitor assist you in making the application.
It is also possible that when estate assets are minimal, or the majority of assets are jointly held no formal administration will be required.
If you would like us to administer the estate of your loved one, or you would like to discuss the options available to you please feel free to contact us.
The Public Trustee can be contacted on (08) 8226 9200 or on 1800 673 119 (country SA toll free) between 8.45am and 5.00pm, Monday to Friday. You can leave a message outside these hours and we will get back to you as soon as possible. Alternatively visit the Contact Us page for more contact options.