What Happens If Someone Dies Without a Will in Australia?

What happens if you die without a will? Unfortunately, the chances are that your loved ones will be left dealing with plenty of red tape and anxiety. But it can all be avoided. Backed by the Victorian Government, State Trustees has helped thousands to make a will and avoid leaving behind complications and confusion. In this article, you can expect to learn:

• What happens if someone dies without a will 
• Letters of administration and intestacy explained 
• Who inherits if there is no will 
• What an ‘estate’ includes

… and plenty more. We share our expertise on the matter and hope it encourages you to tie up loose ends for your peace of mind and your loved ones’ security and well-being.

Dying without a will means dying intestate. Being intestate means that the laws of the state or territory they live in will decide how their estate is administered. An estate is made up of a person’s assets and liabilities.

A person’s assets are their property and belongings that have value, such as a house, car and bank accounts. A person’s liabilities consist of any money they may owe, such as a mortgage or a loan.

Laws can differ from state to state. 

• You die without a will in Victoria and don’t have a surviving spouse – minor children or dependents are considered next of kin and must apply to administer your estate. 
• You die intestate but have a surviving spouse – the spouse becomes your dependent or minor’s sole Guardian.
• You die intestate with no surviving spouse – the Supreme Court appoints a Guardian based on what is deemed in the best interests of the minor or dependent.

The proceeds from your life insurance and superannuation do not automatically form part of your estate. If you are unsure of how your life insurance and superannuation benefits will be dealt with, you should speak to your policy providers and/or consult a financial advisor.

1. Advertise online that you are applying
2. When you submit your application to the Probate Office, you must include:
   • The deceased person’s death certificate
   • Confirmation of the estate’s assets and liabilities and 
   • Proof that you are the closest next of kin.
3. If the next of kin is a domestic partner, the Registrar of Probate will need proof of the relationship. 
4. You must include an affidavit or another legal document, proving that the relationship existed.

It’s important to remember that dying without a will leaves more than an administrative burden on loved ones. Depending on circumstances, they could be responsible for bills. If an inheritance is challenged, they may also face potential legal costs. All of this creates anxiety and stress during what is already a difficult and upsetting time. 

Having a will in place provides peace of mind that your loved ones will be cared for according to your wishes after you’re gone. It also reassures your family that they’re honouring your intentions. Avoid the turmoil – contact State Trustees and see how easy and cost-effective the process can be.

Where there is no will, the closest next of kin can ask State Trustees Victoria to administer the person’s estate for them or help them to carry out tasks. If you die intestate, you don’t have a say in who can benefit from your estate. This means a written and up-to-date will helps ensure that your property and possessions are distributed in accordance with your wishes.

State Trustees has been administering deceased estates for decades, so we’re experts in dealing with different types of estates. Our professional staff provide unbiased service and trusted, individual care. Call 1300 138 672 for obligation-free advice about how we can help you.

Need help with an estate where no will was left? We’re here to assist with probate, Letters of Administration, and legal support.