Dying Without a Will in Australia: Who Inherits?

Across Australia, the basic result of dying without a will is the same: the law, not you, decides who gets your property. The formula differs between states and territories, so this page doesn't give a single answer. Instead, it explains how intestacy works and what each state's official source said when we checked on 30 October 2026, with links so you can read the detail for where you live.

This is general information, not legal advice. Will and power of attorney rules differ by state and territory. For advice on your situation, speak to a lawyer or your state's Public Trustee. AustralianWillKit.com.au is an independent guide operated by Dominet BV. We aren't a law firm, we don't sell wills or kits, and we don't draft wills. No link on this site is an affiliate link right now. We may earn a commission from will providers in future when a reader buys through a link on this site. If that happens we'll label those links and explain it in our affiliate disclosure, and it won't change the facts we publish. Rules, fees and prices were checked on official and provider websites on 30 October 2026 and can change. Read our general information notice.

What dying intestate means

If you die without a valid will, you're said to have died intestate. The NT Government's make a will page says your estate will then be divided according to a formula under the law, and that it isn't decided by the administrator of the estate. It lists the consequences:

• the people you'd like to have your belongings and money may not receive them
• your family and friends may not be provided for financially
• it may take more time and money to distribute your money and belongings

Legal Aid WA's dying without a will page adds that intestacy also happens when a will only deals with part of the estate, or when the will isn't valid. NSW Trustee and Guardian's wills page makes the same point: any part of your estate not captured by your will is dealt with under intestacy laws.

Does my partner get everything?

Not necessarily. This is one of the most common assumptions, and official sources in several states correct it.

• ACT: the PTG's FAQs answer the question "Will my spouse automatically receive my assets if I leave no Will?" with "No. The assets may also be shared with your children."
• Queensland: Queensland Public Trustee's FAQs say it isn't always the case that everything passes to your spouse, and that your estate can be distributed under the Succession Act 1981.
• Victoria: Victoria Legal Aid's page says that if you leave a partner, all of the estate goes to them, unless there are children from another relationship, in which case some may go to those children depending on the estate's size. It says this won't happen unless there was about $500,000 in the estate after debts and funeral expenses, and that different rules apply if the person left more than one partner.
• NSW: Legal Aid NSW gives the example of a spouse and children from another relationship. The spouse gets your personal effects, a statutory legacy of $350,000 and half of the remainder, and the children share the rest.

De facto partners

De facto partners can inherit, but usually need to show the relationship meets the legal test.

• Victoria: Victoria Legal Aid says a domestic partner needs to have lived with you for two years, have a child with you, or have registered the relationship.
• WA: Legal Aid WA says a de facto partner who lived with the deceased for at least two years immediately before the death is entitled to a share in certain circumstances.
• ACT: the PTG's FAQs say a de facto partner of two years or more may be entitled to share in your estate.

If you're in a de facto relationship and want your partner to inherit, a will removes the need to prove anything.

Children

Where there's no partner, children generally share the estate. Victoria Legal Aid says children with no partner share equally. In a blended family the formula can split the estate between a partner and children from an earlier relationship, as the NSW and Victorian examples above show.

When there are no close relatives

Victoria Legal Aid sets out the order in Victoria when there's no partner or children: parents, then siblings, then grandparents, then aunts and uncles, then cousins. Other states use their own order. If no relative is eligible, the estate goes to government:

• ACT: the PTG says that if you leave no spouse or children and have no next of kin as far as cousins or their children, the ACT Government is entitled to the estate.
• NSW: Legal Aid NSW says that if you have no family who can inherit, your estate goes to the government.
• Victoria: Victoria Legal Aid says the estate goes to the government only if there are no living relatives.

Where each state's rules are

We haven't reproduced each state's full formula because the shares depend on the size of the estate and the family, and the details change. Read the official source for your state, or ask your Public Trustee.

Letters of administration

With no will there's no executor, so someone has to get the court's authority to deal with the estate. Tasmania Legal Aid says your next of kin will have to apply to the Supreme Court for letters of administration, which direct them to distribute the estate as the Intestacy Act 2010 sets out. Legal Aid WA says anyone over 18 who is entitled to a share can generally apply to the Probate Office of the Supreme Court, that normally the married or de facto partner or next of kin applies, and that those entitled can instead ask the Public Trustee to administer the estate for a fee.

Victoria Legal Aid says the same applies in Victoria: an application for letters of administration may need to be made to the Supreme Court, usually by the next of kin. That process takes time and costs money. The NT Government lists extra time and money as one of the consequences of dying without a will, and Tasmania Legal Aid says next of kin of someone who died intestate should seek legal advice. If you're dealing with an intestate estate now, contact your state's Public Trustee or Legal Aid service first.

Why a will is usually simpler

A will lets you:

• choose who inherits and in what shares
• provide for a de facto partner, stepchildren or friends who might not inherit under the formula
• name an executor, so your family doesn't need letters of administration
• leave gifts to charity
• name a guardian for children under 18

A will doesn't have to be expensive. Queensland Public Trustee prepares wills for free, and other options start low. See how much a will costs and will kits compared.

Frequently asked questions

What happens to my house if I die without a will?

A house in your sole name is part of your estate and is shared under your state's formula. The pages we read don't cover property owned jointly with someone else, so ask your Public Trustee or a lawyer how your title is held.

Who usually applies in Victoria?

Victoria Legal Aid says it's usually the next of kin, for example the spouse, domestic partner or a child of the person who died, who applies to the Supreme Court for letters of administration.

Who can apply for letters of administration?

Usually the partner or next of kin. Legal Aid WA says anyone over 18 entitled to a share can generally apply, and the Public Trustee can administer the estate for a fee.

Does the government take my estate if I have no will?

Only if there are no eligible relatives. In the ACT, that means no spouse, children or next of kin as far as cousins or their children.

Is a partial will a problem?

It can be. Any part of your estate the will doesn't deal with passes under intestacy laws.