What happens if one of my family members dies without a will?
If someone dies without a will, then someone will need to apply to be appointed as the ‘administrator’ of the estate. The administrator’s role is very similar to that of an executor, except the administrator is appointed by the court and the executor is appointed by the deceased person in their will. The Estate Administration Act set out who can be appointed as the administrator. If you are applying to the court to be appointed as the administrator, then you will need to get consent from various family members who would have a greater or equal right to be appointed as the administrator and you may need to pay some money into court as security until you have finished the estate administration.