When there is no will
Dying intestate in Australia.
If someone dies without a valid will, they are said to have died “intestate.” The estate is distributed according to the intestacy rules of the state they lived in — which may or may not match what you or they wanted.
The state decides
Each Australian state and territory has its own intestacy formula. In rough terms, the estate goes first to the spouse or de facto partner, then to children, then to parents, siblings, and more distant relatives. Same-sex partners and de facto partners are recognised in every state.
If there is no eligible relative at all, the estate eventually passes to the state government.
Letters of Administration
Without a will, there’s no named executor. A close relative applies to the Supreme Court for a “grant of Letters of Administration,” which gives them the authority to handle the estate — similar to probate, but for intestate estates. A solicitor can help with this, and the fee is paid from the estate.
This can take longer than probate
Intestate estates often take longer to settle than those with a will — partly because of the extra legal steps, and partly because disputes are more common when there’s nothing written down.
If you’re reading this and don’t have a will yourself
See all 16 guides in Money & legal →
From bluetulipco.com/library/money/intestacy — printed 1 October 2026.
General information only — not a substitute for legal, medical, financial, or therapeutic advice. Read the full disclaimer.
Spotted something wrong, or out of date? Tell us.