When a person dies without leaving a will, the law says the person died intestate. The law of intestate succession is followed in dividing up his or her property.

If a married person dies intestate, his or her property is shared equally by the other spouse and their children except that the spouse will get at least R125 000 so if the estate has less value than this, the children won’t get anything. There are complicated rules for deciding who gets the property if the dead person leaves no spouse or children. You should ask an attorney for advice on this. If the dead person leaves no blood relatives at all, the property will go to the government.

If a couple are married according to African customary law, the same intestate rules set out above will apply. They will follow the same intestate rules set out above.