This is when there is no will left by the deceased (intestate). In case the deceased left one surviving spouse and a child or children, the surviving spouse shall be entitled to:
- The personal and household effects of the deceased
- The intestate property but cannot sell this intestate property as the spouse is holding it on behalf of the children. If the spouse remarries, he/she loses his/her entitlement to the intestate property. Where the deceased has left a surviving child or children but no spouse, the intestate property will be transferred to the surviving child or divided equally among the surviving children. Where the deceased left no surviving spouse or children, the intestate shall be transferred in this order of priority: • Father; or if dead, • Mother; or if dead • Brothers and sisters, and any child or children of deceased brothers and sisters, in equal shares; or if none
- Half -brothers and half-sisters, and any child or children of deceased half-brothers and half-sisters, in equal shares; or if none
- Distant relatives up to the sixth degree in equal shares. If the deceased is not survived by any of the above, then the intestate property estate shall be taken up by the state.