Intestacy in Australia

A person who dies without leaving a valid will is said to have died intestate. When a person dies intestate, their estate is administered without reference to their intentions or wishes. Instead, their assets are distributed according to rules set out in legislation. This page deals with the intestacy laws of the different jurisdictions of Australia.

Intestacy in New South Wales

In New South Wales, when a person dies intestate, letters of administration must be provided by the Supreme Court before the estate can be administered.

Intestate estates are distributed according to the rules set out in the Succession Act 2006. Under those rules, the assets will be distributed to the deceased’s spouse or partner. If the deceased did not have a spouse or partner when they died, their estate will pass to their children.

If the deceased had a partner and children from another relationship, the partner will inherit their personal effects, a statutory legacy, and half of the remaining estate. The remainder of the estate is distributed to the children.

Intestacy in Queensland

In Queensland, when a person dies intestate, an application for letters of administration must be made to the Suprme Court.

Queensland intestate estates are distributed according to the rules set out in the Succession Act 1981. If the deceased had a spouse or partner but no children, the entire estate will be inherited by the spouse or partner. If there are children, the spouse or partner will receive the first $150,000 as well as household chattels, and the balance of the estate will be divided between the spouse or partner and the children. If the deceased does not have a surviving spouse or partner but has children, the children will inherit the estate in equal shares.

Intestacy in Victoria

In Victoria, for an intestate estate to be administered, an application must be made to the Supreme Court for letters of administration. Intestate estates in Victoria are distributed according to the Administration and Probate Act 1958.

In Victoria, if an intestate estate is worth less than half a million dollars after expenses have been paid, the deceased’s spouse or partner will inherit the estate in its entirety. Where it is worth more than this amount and the deceased is survived by children, the children are entitled to a share of the estate. If the person died without a surviving spouse or partner or children, the estate will go to other relatives.

Intestacy in the ACT

When a person dies intestate in the ACT, an application for letters of administration must be made to the Supreme Court for the estate to be administered. In the ACT, intestate estates are distributed under the Administration and Probate Act 1929.

If the deceased has a spouse or partner, that person will inherit the whole of the estate if the value of the estate is less than $200,000. If the deceased had a spouse or partner and children, the estate will be divided between the family members. If they had children but no spouse or partner, the estate will be divided equally among the children. If there are no children, other family members are entitled to inherit.

Intestacy in Western Australia

In Western Australia, when a person dies intestate, an administrator must apply to the Supreme Court for letters of administration.

Under the Administration Act 1903, there are different rules for the distribution of large and small intestate estates. How an estate will be distributed also depends on whether or deceased had a spouse and children, and on whether they died before or after 30 March 2022.

Intestacy in South Australia

In South Australia, intestate estates are distributed under the Administration and Probate Act 1919. If the deceased has a spouse or partner but no children, the spouse or partner will inherit the entire estate. If there are children, the spouse or partner will be entitled to the first $100,000 of the estate, half of the balance of the estate and the deceased’s personal effects.

Tasmania

In Tasmania, when a person dies intestate, an administrator must apply to the Supreme Court for letters of administration. Intestate estates are distributed under the Intestacy Act 2010.

If a person dies and leaves only a spouse or partner, or a spouse and partner and their children, the spouse or partner inherits the whole of the deceased estate. If there are children who are not the children of the spouse or partner, the spouse or partner inherits the first $350,000, the deceased’s personal effects, and half of the remainder of the estate. If the deceased leaves children only, the estate goes to the children in equal shares. If there is no spouse and no children, it goes to the deceased’s parents.

Northern Territory

In Northern Territory, when a person dies intestate an application must be made to the Supreme Court for letters of administration. Intestate estates are distributed under the intestacy provisions of the Administration and Probate Act 1969, which sets out the order of inheritance.

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