Articles

21 March 2025

Dying Without a Will in Queensland: What Happens to Your Estate?

Christine Pirani

When a person dies without a valid Will they are deemed to have died intestate. The administration of an intestate estate (including the distribution of assets) is governed by the rules of intestacy which are set out in legislation. The failure to have a valid Will in place can increase the cost, complexity and time required to finalise the administration of the estate and can also result in the deceased person’s estate being distributed in a way that goes against the wishes of the deceased person and/or their family. Letters of Administration A Grant of Letters of Administration is a document issued by the Supreme Court Registry that legally authorises a person/people (known as the “Administrator/s”) to deal in all matters relating to the administration of a deceased person’s estate.  The role of an Administrator is similar to the role of an Executor appointed under a Will, however instead of administering the estate in accordance with the wishes of the deceased person (set out in a Will) an Administrator is required to act in accordance with the rules set out in legislation. In Queensland the Uniform Civil Procedure Rules specifies who is entitled to make an application for a Grant of Letters of Administration. The following list sets out (in the order of descending priority) who is entitled to make an application for a Grant of Letters of Administration when a person dies without a Will: the deceased person’s spouse (including de facto partners); then the deceased person’s children; then the deceased person’s grandchildren or great-grandchildren; then the deceased person’s parents; then the deceased person’s siblings; then the children of a deceased person’s deceased siblings; then the deceased person’s grandparents; then the deceased person’s uncles and aunts; then the deceased person’s first cousins; then anyone else the court chooses to appoint. Distributing an Intestate Estate In Queensland the Succession Act 1981 determines how assets are to be distributed when a person dies intestate. The distribution differs depending on their family circumstances. Spouse, no children If a deceased person has a surviving spouse (which includes de facto partners) and no children, then the surviving spouse will inherit the entire estate. If a deceased person has multiple surviving spouses (e.g. they might have been legally married to one person while also in a de facto relationship with another person at the date of their death), then the estate is required to be divided equally between all surviving spouses. Children, no spouse If a deceased person does not have a surviving spouse but is survived by one or more children by at least 30 days, then their estate is required to be divided equally between their surviving children. If the child of a deceased person predeceases them or fails to outlive the deceased person by at least 30 days, the deceased child’s surviving children (if they have any) will inherit the share of the estate that their parent would have inherited if they had outlived the deceased by at least 30 days (and where the deceased child is survived by multiple children they are to share the deceased child’s interest in the estate equally). Spouse and children If a deceased person has a surviving spouse and a surviving child/children, then the first $150,000.00 of the estate plus the household goods are required to be given to the surviving spouse. The balance of the estate must then be divided as follows: If there is only one (1) surviving child, then the balance of the estate must be divided as follows: a 1/2 share is to be given to the surviving spouse; and the remaining 1/2 share is to be given to the surviving child. If there are two (2) or more surviving children, then the balance of the estate must be divided as follows: a 1/3 share is to be given to the surviving spouse; and the remaining 2/3 share is to be divided equally between the surviving children. No spouse, no children If a deceased person does not have a surviving spouse or surviving children, then their estate is to be distributed to their relatives in the following order of priority: their parents; then their brothers and sisters (if one or more of their siblings are deceased, the surviving children (if they have any) of the deceased sibling will inherit the deceased sibling’s share (and where the deceased sibling has multiple surviving children they are to share the deceased sibling’s interest in the estate equally); then their grandparents; then their uncles and aunts (if one or more of their aunts/uncles are deceased, their surviving children (if they have any), being the deceased’s cousins, will inherit the deceased aunt/uncle’s share (and where the deceased aunt/uncle has multiple surviving children they are to share the deceased aunt/uncle’s interest in the estate equally). If a deceased person does not have any surviving relatives in any of the above categories, then the entirety of the estate will pass to the Crown (i.e. the Queensland Government). We Can Assist You Our experienced solicitors can provide you with assistance regarding all legal aspects of the estate administration process, including assisting with intestate estates. Please do not hesitate to contact one of our experienced solicitors on (07) 4963 2000 or via the link below if you require assistance with the administration of a deceased estate and/or if you require assistance with preparing your Will or other aspects of your estate plan.