Permission to sit in an undivided estate

• If a will has been established stating that the surviving spouse has the right to sit in an unrelated estate, he/she does not need to obtain approval from other heirs in order to exercise that right.

• If the spouses only have joint heirs, the surviving spouse does not have to obtain their consent for permission to sit on an unallocated estate. The same applies to a non-financially-competent stepchild over whom the surviving spouse has custody.

• If the spouse does not have sole joint heirs and a will is not available, the surviving spouse must obtain the consent of those who are sole heirs of the deceased (the applicant's stepchildren) for permission to sit on an unrelated estate. If an heir is not financially competent, his guardian must give his consent.

The surviving spouse must always apply to the District Commissioners for permission to sit in an undivided estate.