Estate Administration In Cyprus: What Happens When There Is No Will

When a person passes away without a will in Cyprus, their estate is handled by the Wills and Succession Law (Cap. 195) and the Administration of Estates of Deceased Persons Law (Cap. 189), along with the relevant rules. These aim to ensure that the estate is distributed fairly to the lawful heirs under judicial supervision.

The first step is to identify who the legal heirs are. Cypriot law sets a clear order of priority:

• first the surviving spouse and children,
• then the parents,
• and afterwards other close relatives, depending on who is living at the time.

Once the heirs are identified they decide who will act as the estate administrator. This person applies to the competent District Court for an administration order, which officially authorizes them to:

• collect and safeguard the deceased assets,
• settle any outstanding debts and expenses,
• distribute the estate to the rightful heirs according to the law, and
• take any necessary legal actions on behalf of the estate.

This process ensures that even without a will, the estate is managed responsibly, and the rights of all lawful heirs are protected.

The main steps of the administration process are:

• Identification of heirs: All lawful heirs are identified according to their degree of relationship with the deceased.
• Appointment of administrator: The heirs agree on who will manage the estate and submit the application to the Court.
• Issuance of administration order: The Court issues an order authorizing the administrator to act on behalf of the estate.
• Inventory of assets: The administrator collects all movable and immovable assets and records any debts of the deceased.
• Payment of liabilities: Debts, funeral costs, and any other management expenses are paid.
• Distribution of the estate: The remaining assets are distributed to the heirs according to the law.
• Opening a dedicated bank account: This account is used for payments and receipts throughout the administration process.
• Submission of final accounts: The administrator submits final accounts to the Court, including receipts and statements from heirs, to confirm completion of the administration.

Key points for heirs to know:

" Fair distribution: The estate is divided according to the law, ensuring fairness even when no will exists.
" Judicial oversight: The administrator acts under the Court's supervision, providing transparency throughout the process.
" No inheritance tax: Cyprus has abolished inheritance tax, simplifying the overall procedure for heirs.
" Timelines: If there are no objections, the administration order is typically issued within 1–2 months.

In summary, estate administration without a will in Cyprus ensures that:

1. The deceased's estate is protected.
2. The heirs receive their lawful share.
3. The process is fully transparent and under judicial oversight.

Lawyers specializing in inheritance matters can handle all necessary actions, such as collecting documents, submitting the application for an administration order, communicating with the heirs, and representing clients before the Court, ensuring that the process is completed smoothly and securely.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.