Upon death without a will, you have effectively given up your right to decide how your assets are distributed. Your loved ones may be burdened because:

1. An administrator, usually a next-of-kin, must step forward to apply for the Letter of Administration before he/she can distribute the estate according to the Intestate Succession Act. As such, there may be serious disagreements as to whom should do so.
2. The process may be more time-consuming as the administrator may not be ready with the required information on the estate, have no time or find it too complicated. There are cases where no one is willing to step forward to be the administrator due to uncertainties in the estate’s liabilities. There are also cases where several people want to be the administrator due to the large amount of assets at stake, sometimes for the wrong reasons.
3. If there are young children involved or if your estate’s value is above a certain threshold, 2 sureties are needed before the court would grant the letter. The sureties must swear an affidavit certifying their worth is equal or more than the total value of your estate.
4. On the unfortunate occasion that both parents pass on at the same time, there may be great uncertainty as to whom should take on the responsibilities of guardianship to your children.