Julius Nnamani Esq.

Aug 10, 2023

ESTATE SUCCESSION

How do the personal representatives of a deceased person access the estate properties of their beloved ones who have died?

The method or approach to the realization of the estate of deceased be it personal estate or realty depends on whether the deceased person died testate or intestate.

Where a person dies leaving a will behind that comprises all the properties he had at the time of death, it is said that he died testate whereas where a person dies without a will, it is said that he died intestate.

A person who wrote a will is called a testator whereas if it be a female, she is called a testatrix.

The major difference between writing a will and not writing a will are as follows:

1) Where a person dies leaving a will, he would have given instructions to executors appointed by him to take over the management of his estate. He could also appoint Trustees or Guardians if he has litttle children that he wants to cater for in his will. The will referred to must be valid and must have been written according to law.

2) It is possible that executors can start work immediately after the death of the testator or testatrix.

3) Where a person dies without a will (intestate), the estate of such person will be managed according to a combination of laws, customary law, administration of estate law, depending on the state of the federation the person comes from.

The Administration of Estate law provides for the hierarchy of those who ought to be entitled to apply for the Letters of Administration of the deceased intestate.