The surviving child/children of the deceased are equally entitled to share in the estate. An application should be made by one or more of the children. Click on the relevant situation below to see an example of what should be entered in the text box on RedCrest-Probate (on the ‘Relationship Details’ screen) in answer to the question ‘Why is the plaintiff entitled to administer the estate?’ (this will populate in paragraph 8 of the affidavit of the plaintiff):
I am a child of the deceased. The deceased left no spouse, domestic partner or registered caring partner that survived the deceased by 30 days of more. The deceased had no children who died before or within 30 days of the deceased leaving their own children that survived the deceased by 30 days or more. Therefore, I along with the other surviving children of the deceased are equally entitled to share in the deceased’s estate.
I am the only surviving child of the deceased. The deceased left no spouse, domestic partner, registered caring partner or other children that survived the deceased by 30 days of more. The deceased had no children who died before or within 30 days of the deceased leaving their own children that survived the deceased by 30 days or more. Therefore, I am solely entitled to share in the deceased’s estate.
Important Instructions
- If the deceased was never married and was born a male, proof of paternity for all children must be filed in support of the application. The most common way to prove paternity is to file a certified copy of the birth certificate of the children showing that the deceased is named as the father.