Step 1 of 5: Make sure the next-of-kin is making the application
If a person dies without a valid will, they are said to have 'died intestate'.
The person with the highest legal priority may apply for a Grant of Administration Intestate. This order of priority is set out in law.
Priority order (nearest next of kin)
- Spouse or civil partner
- Child
- Children of a predeceased child
- Parent
- Brother or sister
- Children of a predeceased brother or sister
- Nephews and nieces
- Grandparents
- Uncles and aunts
- Great grandparents
- First cousins
If more than one person has equal priority (e.g., multiple children), you must ensure all parties are notified, and renunciations may be required (see Step 4).
Step 2 of 5: Complete the forms you need to start the application process
Notice of Application Intestate
This form sets out the fact that the solicitor or solicitor's firm is making the application on behalf of a client who is the person with the highest legal priority (legal next-of-kin).
Oath and Administration bond (intestacy)
An oath is a sworn document confirming the applicant will faithfully administer and account for the estate. The original oath must be lodged (no photocopies). The title, jurat and details must match the Notice of Application.
Step 3 of 5: Gather the documents you need
In the absence of a will, you still need to provide the following documents:
- The original death certificate or interim coroner’s certificate.
- Notice of Acknowledgement (Probate) from Revenue (SA.2) for deaths on or after 5 December 2001 OR
- Inland Revenue Affidavit (CA24) for deaths before 5 December 2001.
Step 4 of 5: Prepare renunciations and check special cases
Renunciation
A renunciation is needed when someone entitled to apply steps aside. So, for example, if there are 3 surviving children of the deceased, then 2 of them can renounce to allow one member to apply for the grant (it is important to note that this is just a renunciation of the right to apply for probate - it is not a renunciation of assets that might come to the party involved during probate).
A renunciation:
- Must be completed on the correct form and signed and witnessed in the presence of a neutral witness.
- Must be exhibited in the oath.
- Where the renunciation is 1–3 years old: a solicitor's letter and fresh consent is required. Where the renunciation is over 3 years old: a new renunciation is required.
Form: Renunciation form
Committee
If the person entitled to apply for the grant lacks capacity, a committee may be appointed.
- If the applicant is a Ward of Court then the existing committee may apply.
- If the applicant is not a Ward of Court then a court order is needed.
Guardian
If the entitled person is under 18, a guardian must apply. A Probate Officer’s Order is required.
Intestate Attorney
An attorney (ie, the person who has been nominated to act under the Power of Attorney) may apply on behalf of the entitled person where:
- the person lives abroad, or
- the person cannot manage their affairs due to physical incapacity.
Requirements
- Power of Attorney must be exhibited in the oath.
- Where the Power of Attorney is 1–3 years old: a solicitor's letter and fresh consent is required. Where the Power of Attorney document is over 3 years old: a new renunciation is required.
- Correct attorney title must be used in the oath.
Step 5 of 5: Prepare affidavits (if needed)
Affidavit of testamentary capacity
Required when:
- The person died in a psychiatric hospital.
- The will was made within 10 years of death and cognitive impairment is noted.
- The will was made in a solicitor’s office within 5 years and impairment is noted.
Must be sworn by a doctor and explain their knowledge of the deceased.
Affidavit of attesting witness
- Sworn by someone present at execution of the will.
- Addresses issues raised by the Probate Office.
Affidavit of plight and condition
- Sworn by someone with knowledge of the circumstances.
- Explains damage, alterations, or concerns with the will.
