What Should I Do if No Will Is in Place?

If your partner has passed away without leaving a will, the estate will be managed according to the intestate succession laws of the country where they were domiciled or where the majority of their assets are located. While this can feel overwhelming, here are the steps to guide you through this situation:

 
1. Understand Intestate Succession Laws
In the absence of a will, the law determines how the estate is distributed. For example:

In Germany, intestate succession prioritizes the spouse, children, and other relatives based on a defined hierarchy.
If your partner was domiciled in Thailand, Thai inheritance law applies, which has its own rules about asset division among spouses, children, and other relatives.
Understanding which country's laws apply is crucial. Seeking professional advice can help clarify this.

 
2. Gather Important Documents
Even without a will, you will need documentation to manage the estate. Key documents include:

Death certificate.
Proof of your relationship (e.g., marriage certificate).
Bank account statements and property deeds.
Loan or debt records.
Identification and insurance documents.
 
3. Contact the Relevant Authorities
If the estate involves assets in Germany, you will need to approach the local probate court (Nachlassgericht) where your partner resided. They will guide you on how the estate will be divided.
If the estate involves assets in Thailand, you may need to contact local officials or courts.
 
4. Determine Your Legal Role
Without a will, someone must be appointed to manage the estate. In Germany, this is often a spouse or close relative. If you're eligible and willing, you can apply to be the estate administrator or executor.

 
5. Protect the Estate’s Assets
While the estate is being processed:

Secure your partner’s property, including homes, vehicles, and valuables.
Notify banks to freeze accounts to prevent unauthorized access.
Ensure ongoing bills (e.g., utilities, taxes) are paid to maintain the assets.
 
6. Address Debts and Obligations
Even without a will, debts are a part of the estate. Creditors must be notified, and outstanding obligations should be addressed before distributing assets.

 
7. Seek Legal and Financial Guidance
Estate management without a will can be complicated, especially when multiple countries are involved. Consulting with:

A probate attorney for legal guidance.
A tax advisor to address any inheritance tax obligations.
 
8. Prepare for Asset Distribution
Once debts are settled, assets are divided according to intestate succession laws. In Germany:

The spouse and children typically share the estate.
If there are no children, other relatives (e.g., parents, siblings) may inherit.
In Thailand, different rules may apply depending on your partner’s circumstances and family.

 
9. Consider Mediation for Family Disputes
Without a will, disagreements can arise. A mediator can help resolve conflicts and ensure the estate is handled respectfully and harmoniously.

 
10. Plan for the Future
Once the immediate steps are completed:

Consider creating or updating your own will to prevent similar challenges for your loved ones.
Organize important documents for easy access in the future.
 
Remember: You’re not alone in this process. Professional estate services can provide the guidance and support needed to navigate the complexities of intestate succession while honoring your partner’s memory.