What happens if someone dies without a will in Australia?

General information from Lawmateanz

If someone dies without a valid will in Australia, they're said to die 'intestate', and their estate is divided under the intestacy rules of their state or territory.

Generally, a surviving spouse or partner receives a large share or all of the estate, depending on whether there are children from other relationships. If there's no partner or children, other relatives inherit in a set order.

Someone, usually the next of kin, applies to the state Supreme Court for letters of administration to manage the estate.

Your state's public trustee and community legal centres have free information.

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