When someone dies without a will in Zambia, they are said to have died intestate [Intestate Succession Act, S.4(1)]. Their estate must then be distributed according to the law rather than their personal wishes. Even if a person left a will that only covers part of their property, the uncovered portion is treated as intestate and follows the same rules [Intestate Succession Act, S.4(2)].
The first step is appointing an administrator. The court grants letters of administration to a suitable person who will manage the deceased's estate and distribute it to the rightful beneficiaries [Wills and Administration of Testate Estates Act, S.36]. This administrator is the legally appointed personal representative and has the authority to protect the estate's interests and take legal action on its behalf. The beneficiaries themselves cannot act for the estate without this formal appointment.
An important protection in Zambian law is that any beneficiary who intentionally caused the death of the deceased loses their right to inherit [Intestate Succession Act, S.36]. This ensures that succession rules support justice and fairness. Once appointed, the administrator will identify all beneficiaries according to the intestacy rules and distribute the estate accordingly, ensuring the deceased's property passes to their family members in the prescribed legal order.