Losing a loved one is difficult enough. Discovering that they passed away without leaving a valid Will can add confusion, anxiety, and uncertainty at a time when you are already grieving.
Many families ask the same questions: What happens now? What do we do ? Who is entitled to inherit? What do we need to do next?
This guide is written to gently explain what happens in Trinidad & Tobago when someone dies without a Will, and to provide you with a general outline to explain that there is a clear legal process, even if things feel overwhelming right now.
Firstly, What Does It Mean to Die Without a Will?
When a person dies without a valid Will, they are said to have died “intestate.”
This means, that in these circumstances, the deceased’s wishes are not set out in writing, so the law steps in and determines:
- Who is entitled to apply to manage the estate
- Who will inherit the deceased’s assets
- How the estate will be distributed
While this can feel impersonal, the intestacy rules are designed to bring order and fairness to what can otherwise be a very uncertain situation.
I shall discuss each of the points explained above.
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Who Can Apply to Manage the Estate?
When there is no Will, the estate is managed by an Administrator, rather than an Executor. The Administrator must apply to the High Court for Letters of Administration, which gives them the legal authority to deal with the estate. The authority of an Administrator directly comes from the court.
Typically, the priority is given to following persons in the following order:
- A surviving spouse
- Adult children of the deceased
- Other close relatives, depending on the family structure
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Who Inherits When There Is No Will?
Under Trinidad & Tobago law, the estate is distributed according to intestacy rules, which set out who inherits and in what proportions. This distribution may not reflect what the deceased would have wanted, but it is legally binding.
In broad terms, inheritance may be shared among:
- A surviving spouse;
- Children; or
- Other relatives if there is no spouse or children
Each family’s situation is unique, and the exact outcome depends on who survives the deceased at the time of death.
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Is Probate Still Required?
When someone dies without a Will, probate itself is not granted. Instead, the Administrator applies for Letters of Administration. While the name is different, the process is similar and includes:
- Gathering information about the deceased’s assets and liabilities
- Preparing court documents and sworn statements
- Advertising the estate as required by law
- Paying debts and expenses
- Distributing the estate in accordance with the law
Banks, financial institutions, and the Land Registry will require Letters of Administration before releasing or transferring assets.
Find out what is the difference between a Grant of Probate and a Grant Of Letters Of Administration.
Common Challenges Families Face
Families dealing with an intestate estate often encounter challenges such as:
- Disagreements over who should act as Administrator
- Delays due to missing documents
- Uncertainty about entitlements
- Emotional strain when legal processes overlap with grief
These situations are more common than many people realise and legal support can make a significant difference.
Can an Estate Attorney Help?
In Trinidad and Tobago, once the value of an Estate is over 4,800 TTD you must hire an attorney to assist with obtaining the requisite grant of representation.
Read more on why hiring a lawyer to prepare your will is important.
Families choose professional guidance to avoid mistakes, reduce stress, and ensure the process is handled correctly.
A compassionate legal advisor can:
- Explain the process in clear, simple terms
- Prepare and file court documents accurately
- Help manage timelines and expectations
- Act as a steady guide during a difficult time
If you are facing the loss of a loved one who passed away without a Will, please know that you do not have to navigate this process alone. Help is available, and with the right support, the estate can be managed with dignity, care, and clarity.
Contact us to get more clarity on how a will and estate planning lawyer can help you streamline the process.
This article is provided for general information only and does not constitute legal advice. Each estate is different and should be considered on its own facts.
