Over ANZAC Day, there will be some changes to our opening hours and payment dates.

Translation explanation block

Automatic language translation
Our website uses an automatic service to translate our content into different languages. These translations should be used as a guide only.

Dying without a Will

Elderly man sitting in chair and looking out the window

When a person dies without a Will, it is referred to as dying ‘intestate’.

If this happens, an application needs to be made to the Supreme Court for ‘Letters of Administration’ – a document providing the court’s formal approval for someone to administer the estate of the deceased.

Who can apply to administer a deceased estate with no Will?

The Court generally grants administration of an intestate estate to the person or people with the greatest entitlement in the estate (this may be a spouse or children) or to NSW Trustee and Guardian. 

What is the role of the appointed administrator where there is no Will?

The appointed administrator is responsible for confirming relatives that are entitled to a share of a person’s estate, according to entitlements under intestacy rules in the Succession Act 2006.

Learn more about our process for finding relatives when we are the administrator of an intestate estate.

Who is entitled to an intestate estate?

Relatives are grouped into categories and must follow a set order.
 

Who will inherit (relative category) What will they inherit and other rules
Current spouse and children from the relationship. The current spouse is entitled to the whole estate unless the deceased has children from previous relationships.
Current spouse, children from the relationship, and children of the deceased from a previous relations​​hip.

If the deceased person also has children from previous relationships, the current spouse is entitled to:

  • all of the personal effects
  • a statutory legacy^ ($482,000 in 2020*)
  • and half of whatever is left of the estate.

The remaining half of the estate is shared equally between all surviving children.

^If the estate does not cover the statutory legacy, then the spouse will be entitled to everything in the estate.

*This figure is adjusted regularly to the current Consumer Price Index

Who is entitled when there is no spouse?

If there is no spouse, the following is the relative category who can inherit entitlements under intestacy.

Each ‘relative category’ must be exhausted before moving on to the next and once an eligible relative category is found, the process stops.
 

If there is none of the following living relatives of the deceased Who will inherit (relative category)

What will they inherit and other rules
  • spouse
 children of the deceased

Will receive equal shares of the estate.

  • if any child has died, and left behind any children (grandchild), the grandchild will inherit
  • if any child and grandchild has died, any great grandchild will inherit - and so on.
  • spouse
  • children
 parents of the deceased Will receive equal shares of the estate.
  • spouse
  • children
  • parents
 brothers and sisters of the deceased

Will receive equal shares of the estate.

  • if any brother and sister has died, and left behind any children (nieces or nephews), the nieces and nephews will inherit
  • if any brother and sister, and their children (nieces or nephews) has died, any great nieces and nephews will inherit - and so on.
  • spouse
  • children
  • parents
  • brothers and sisters
 grandparents Will receive equal shares of the estate.
  • spouse
  • children
  • parents
  • brothers and sisters
  • grandparents
 aunts and uncles Will receive equal shares of the estate.
  • spouse
  • children
  • parents
  • brothers and sisters
  • grandparents
  • aunts and uncles
 first cousins only

Will receive their parent’s share per stirpes.

  • this means that if an aunt or uncle predeceases the deceased, their children will share equally in the portion of the estate that the aunt or uncle would have received had they survived
  • If the cousin predeceases the deceased, their children are not entitled.

Note: If the deceased died prior to 1 March 2010 cousins are not entitled.
  • spouse
  • children
  • parents
  • brothers and sisters
  • grandparents
  • aunts and uncles
  • first cousins
 NSW Government NSW Government will receive the whole estate.

 

Definitions

intestate

When a person dies without a valid Will, they are said to have died ‘intestate’. In this situation, the law sets out how the estate is shared among relatives.

administrator

A person appointed by the court to manage or administer a deceased estate which has no executor.

Refer an intestacy to us

Refer NSW Trustee and Guardian to administer a deceased estate with no Will.