What Happens If You Die Without a Will in Australia?
Last updated: June 2026
What Is Intestacy?
When a person dies without a valid will they die intestate. Their estate is distributed according to the intestacy rules in each state's succession legislation — regardless of what the deceased may have wished.
Order of Distribution
The exact amounts vary by state, but the general priority order is:
1. Spouse or de facto partner If there are no children, the spouse typically receives the entire estate. If there are also children, the estate is split — the spouse usually receives a statutory legacy (a fixed dollar amount) plus a share of the remainder.
2. Children If there is no surviving spouse, the estate is divided equally among children. If a child has predeceased the deceased, that child's share passes to their own children (the deceased's grandchildren).
3. Parents, then siblings If no spouse or children, the estate passes to parents. If both parents have died, it passes to siblings equally.
4. More distant relatives Grandparents, aunts, uncles, cousins. If no relatives can be found, the estate passes to the Crown.
Partial Intestacy
If a will exists but does not cover all of the estate (e.g., a new asset acquired after the will was made), the uncovered portion is distributed under intestacy rules.
Who Administers the Estate?
Without an executor, the court appoints an administrator — usually the next of kin — who applies for Letters of Administration instead of Probate.
Problems with Intestacy
- A long-term partner not legally married and not established as de facto may receive nothing
- Stepchildren are typically excluded
- Friends and charities the deceased would have provided for receive nothing
- Blended family situations can produce very unequal or contested outcomes
Key Points
- Intestacy rules are not a simple 50/50 distribution — they follow a strict priority order
- De facto partners are generally included but must establish the relationship
- Stepchildren, friends, and charities receive nothing under intestacy
- Making a valid will is the only way to control how your estate is distributed