What happens when someone dies without a will in Australia — who inherits?
Dying without a Will is called dying intestate, and your assets are then distributed under a rigid, state-based formula rather than your wishes. Depending on your family, that usually means a partner and children, or, failing them, parents, siblings, nieces and nephews. If no eligible relatives remain, the estate can end up with the government. In blended families, stepchildren can be left out entirely. Where there is no Will, someone close usually needs to apply for letters of administration. The way to keep control is to make a Will.
For related guidance, see what does an executor need to do after probate is granted in Australia?.
Read the video transcript
When you die without a Will, it's called dying intestate. Your assets are then distributed under rigid state-based formulas. Depending on how your family is structured, it could go to partners and children. If you don't have a partner or children, parents, siblings, nieces and nephews. Ultimately, if the listed relatives are exhausted, there is still the possibility that your estate can end up going to the government. If you look at a blended family, it may mean that stepchildren are completely excluded from a distribution of an estate upon intestacy.
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