19Priority of persons entitled to apply for letters of administration upon intestacy

### 19 Priority of persons entitled to apply for letters of administration upon intestacy > > (1)  Subject to [rule 20](#GS20@EN) , the person or persons entitled to apply for letters of administration upon intestacy are to be determined in accordance with the following order of priority: > > > > > > (a) the spouse of the deceased; > > > > > > > (b) a child of the deceased; > > > > > > > (c) the issue of any child of the deceased, if – > > > > > > > > > > (i) the child of the deceased has failed to survive the deceased; and > > > > > > > > > > > (ii) the issue is entitled to a share of the deceased's estate taking *per stirpes*; > > > > > > > (d) the parents of the deceased; > > > > > > > (e) the brothers and sisters of the deceased, whether or not they have one or both parents in common; > > > > > > > (f) the issue of any brother or sister of the deceased, if – > > > > > > > > > > (i) the brother or sister has failed to survive the deceased; and > > > > > > > > > > > (ii) the issue is entitled to a share of the deceased's estate taking *per stirpes*; > > > > > > > (g) the grandparents of the deceased; > > > > > > > (h) the aunts and uncles of the deceased; > > > > > > > (i) the issue of any aunt or uncle of the deceased, if – > > > > > > > > > > (i) the aunt or uncle has failed to survive the deceased; and > > > > > > > > > > > (ii) the issue is entitled to a share of the deceased's estate taking *per stirpes*; > > > > > > > (j) the State; > > > > > > > (k) the creditors of the deceased. > > > (2)  A person is not entitled to apply for letters of administration upon intestacy unless he or she has survived the deceased in accordance with the rules of survivorship in [section 8 of the](/view/html/inforce/2026-04-12/act-2010-019#GS8@EN) [Intestacy Act 2010](/view/html/inforce/2026-04-12/act-2010-019) .