If someone passes away without a will, it can feel even more uncertain.
You may be wondering:
- Who is responsible?
- What happens to their assets?
- Do you still need probate?
This guide gives general information and explains what happens when there is no will, in simple, clear terms. Specifics can vary by State/Territory.
In simple terms
If there is no valid will, the usual process is an application for letters of administration rather than a grant of probate.
Someone may need to apply for letters of administration if authority is required to manage the estate.
Missing One Document Can Add Weeks to Probate.
Many of those delays can be avoided
Our simple step-by-step guide helps you understand the process, gather the right documents and avoid common issues that can slow things down.
In plain English
If there’s no will:
- Someone may need to apply for legal authority, depending on the assets and institution requirements.
- The estate is generally distributed under intestacy rules, not under informal wishes.
- It can be more complex than standard probate.
What is “letters of administration”?
Letters of administration is the court grant that gives authority to administer an estate where there is no valid will or executor able to act.
A grant of letters of administration can give the administrator authority to:
- deal with assets
- deal with institutions (eg bank accounts)
Who can apply?
Eligible applicants are usually:
- a spouse or partner
- a child
- another close relative
There is generally an order of priority for who can apply, which varies by state or territory.
How is the estate distributed?
If there is no valid will, distribution is generally determined by the intestacy laws in the relevant state or territory.
This usually means:
- A spouse/partner and children are commonly prioritised, but exact entitlements vary depending on state law and family circumstances.
- If there is no spouse/partner or children, other relatives may inherit according to the applicable intestacy rules.
The exact rules vary by state.
Is probate still required?
Not probate in the strict sense; if a court grant is needed, the usual process is letters of administration.
Many of the same practical steps may still apply, particularly where a court grant is required.
- gathering assets
- preparing documents
- applying through the court
Is it more complicated?
In many cases, yes. No-will estates can be more complex because entitlement, documents, and family circumstances may need to be established.
It can be more complex because:
- there are no clear instructions
- there may be disputes
- the legal process is stricter
What to expect
- There may be more paperwork
- Longer timelines
- Greater need for accurate documents
What should you do next?
Start by:
- Identifying the likely eligible applicant
- Gathering information about the estate
Then:
Learn: How to apply for probate
Understand: Probate cost in Australia
When to get help
You may want professional guidance if:
- there is no will
- the estate is complex
- there are multiple beneficiaries
Getting guidance early may help reduce confusion and avoid some delays.
Take things one step at a time
Dealing with an estate without a will can feel uncertain, but there is a clear process to follow.
You don’t need to solve everything at once, just focus on the next step.