Dying without a will: who inherits?
Updated 20 August 2026 · 8 minute read
Die without a valid will in Australia and the law writes one for you. Each state's intestacy rules fix exactly who inherits and in what shares — no discretion, no arguments about "what they would have wanted". Here's how it plays out.
The basic ladder
With no surviving partner, the order is broadly uniform nationwide:
Children
Equally, with a deceased child's share passing to their own children.
Parents
If there are no children or grandchildren.
Siblings
Then nieces and nephews by representation.
Grandparents, then aunts, uncles and cousins
The outer rings of the family tree.
The Crown
No eligible relatives at all — the state takes the estate, though it can make ex gratia payments to dependants.
The partner-and-stepfamily rule
A surviving spouse or partner generally takes everything — unless the deceased left children from another relationship. Then every state splits the estate between partner and those children, each with its own statutory amounts:
| State | Partner's entitlement |
|---|---|
| NSW | the spouse receives the personal effects, a CPI-indexed statutory legacy (around $615,000 in 2026) and half the remainder |
| VIC | the partner receives the personal chattels, a statutory legacy of $591,390 (2026–27) and half the balance |
| QLD | the spouse receives the household chattels, a fixed $150,000 and half the residue (a third if there are two or more children) |
| WA | the partner receives the household chattels, a declared sum of $546,000 (from July 2025) and a third to a half of the remainder depending on the family |
| SA | the spouse receives the whole estate if it is worth $120,000 or less; otherwise the first $120,000, the personal belongings and half the balance |
| TAS | the spouse receives the personal property, a CPI-adjusted statutory legacy ($350,000 base, higher once indexed) and half the remainder |
| ACT | the partner receives $200,000 plus 8% a year from the date of death, and half the remainder (a third if there are two or more children) |
| NT | the partner receives the first $350,000 and half the remainder (a third if there are several children or grandchildren) |
These splits are exactly where intestacy hurts most — a long-term partner can be forced to sell the home to pay out the deceased's children from a first marriage. If this is your family's shape and there's still time, a will fixes it for a few hundred dollars.
De facto partners and multiple partners
De facto and registered partners have full spousal status in every state, generally after two years' cohabitation or a child together — but they must prove the relationship with evidence, which adds work to the application. Where both a separated spouse and a current de facto survive, most states split or share the spousal entitlement — genuinely contested territory that needs advice.
What the family actually does next
The closest next of kin applies for letters of administration; the estate is then distributed by the rules above. Small no-will estates often skip the grant entirely — banks release below their thresholds to next of kin with an indemnity.
Administering a no-will estate?
The affidavit work is heavier and the distribution rules are strict. Fixed-fee quotes from firms that do this weekly.
Get fixed-fee probate quotesDoes the family home go to the surviving partner?
Often the partner can 'elect' to take the home as part of their entitlement — with strict notice periods. Don't sell or agree to anything before understanding the election right in your state.
Are stepchildren included under intestacy?
Generally no — intestacy follows blood and adoption. (Stepchildren may instead have family-provision rights — see contesting.)
An estranged child hasn't been seen for 30 years — do they still inherit?
Yes. Intestacy has no conduct test; estrangement is irrelevant to the statutory shares.
Sources
- State succession and administration acts (incl. Succession Act 2023 (SA), in force 1 Jan 2025)
- Statutory legacy figures: NSW (CPI-indexed), VIC 2026–27, WA declared sums from 5 July 2025
- Public Trustee intestacy guides