Who Handles an Estate if There is No Will?

When someone passes away without a will, it can create uncertainty and complications for their loved ones. Without clear instructions on how their estate should be distributed, it becomes difficult to appropriately manage and distribute the estate. This results in Queensland’s intestacy laws to step in to determine who will inherit and who is responsible for managing the estate.

In Queensland, if a person dies without a valid will, their estate is considered intestate. This means that someone must be appointed to administer their assets, debts, and legal matters. In this case it tends to be a next of kin. This includes a spouse, de facto partner, child, or other close relative, and they can apply to the Supreme Court of Queensland for a Grant of Letters of Administration. This grant allows them to legally manage and distribute the estate. If no family member is available or willing to take on this responsibility, the Public Trustee of Queensland may step in to administer the estate.

Queensland’s Succession Act 1981 outlines how an intestate estate is divided among surviving relatives. The distribution follows a strict order of priority:

• If the deceased had a spouse (including a de facto partner) but no children, the spouse inherits the entire estate.
• If there is a spouse and children, the estate is split according to specific rules. The spouse receives a set amount plus a share of the remainder, with the rest going to the children.
• If there is no spouse but surviving children, the estate is divided equally among them.
• If there is no spouse or children, the estate passes to the deceased’s parents, then siblings, and further down the family line if necessary.
• If no eligible relatives are found, the estate may eventually pass to the State of Queensland.

By not having a will when you pass, family members are left in a difficult position, as they may have to navigate complex legal processes while grieving. To avoid uncertainty and potential disputes, it’s always best to have a legally valid will in place. Seeking professional legal advice can ensure your wishes are clearly documented and your loved ones are protected.

If you need assistance with estate planning, dealing with an intestate estate or creating a will, our experienced team at Genuine Legal is here to help. Call us on (07) 2102 6018 if you need our assistance.