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 , 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 Intestacy Act 2010 .