Reply To: How can I apply for probate if I cannot find a will?

Reply To: How can I apply for probate if I cannot find a will?

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Aussie Legal Forums › Forums › Probate & Letters of Administration Forum › How can I apply for probate if I cannot find a will? › Reply To: How can I apply for probate if I cannot find a will?

MV
MV

Hi Vando.
If you cannot find a will, then rather than make an application for probate you would make an application to the Supreme Court for Letters of Administration. It is a very similar process, but a little more complex. If there is no will then the intestacy laws (dying without a will) apply and those laws determine how the estate is to be distributed. The persons who are entitled to share in the estate are typically, but not always, the persons who can apply to become the administrators of the estate. The intestacy laws vary from state to state, so do a search on the “succession act” in your state or territory.
Let me know which state or territory you are in and I can provide some further guidance.
Kind regards,
MV

  • This reply was modified 1 year, 6 months ago by MV.

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