No letters of administration and unadministered estate

I would welcome your thoughts on the below scenario:-

A died intestate, father survived her (A had no children and was not married) and therefore everything passed to father. Father didn’t obtain probate and house is still in A’s name. Father then died last year with a Will appointing two executors. Father’s Will left everything to two executors and another beneficiary (A’s sister).

In order to deal with A’s property and other assets, do we need to apply for Letters of Administration for A’s estate with A’s sister being the Administrator? There is a family dispute at present. Or would we apply for Grant de Bonis Non?

Is there anything I need to consider?

Sorry if this is confusing.

No chain of representation as A died intestate, so father’s executors are not entitled to letters of administration in A’s estate in that capacity.

Wouldn’t this just be a normal application for letters of administration by the next person entitled? Is A’s mother still around?

You say A had no children, then refer to As children

This will require a DBN Grant by the Exors of Father’s estate. As you say father inherited on As death, the assets are his to be distributed under his Will, but Grant for As estate required.

I thought this would be the case. I think I am getting myself confused because technically the father inherited by way of A’s intestacy and therefore surely everything including A’s assets would pass by way of the father’s Will?

Apologies Karl, I have edited the post. A has a living sister.

A’s living sister is of no relevance, as A’s father inherited A’s entire estate on A’s intestacy.

A de bonis non Grant is required when a personal representative has died leaving part of an estate unadministered, so is not relevant here, as A’s father, her sole beneficiary, did not extract a Grant in her estate. After a Grant has been obtained in A’s father’s estate, it will then be for the Executors of his estate to apply for a Grant of Letters of Administration Intestate in A’s estate as the personal representatives of the sole beneficiary of A’s estate.

Cliona O’Tuama


Thank you very much!